Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010127152019
Presented on 05-12-2019
Registered on 16-12-2019
Decided on 05-11-2022
Duration Years Months Days
02 11 00
CNR No. MHCC010127152019
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.1270 OF 2019
GANGARAM JANU PAWAR
aged about 40 years, Indian Inhabitant,
carrying on business at Room No.23/
235 Balchand Shindhi Chawl, Jayshankar
Chowk, Halav Pul Road, Kurla (W),
Mumbai 400 070. ...Plaintiff.
V/s.
SYED AHMED IBARAT KHAN,
adult, working for gain with B.M.C. Office,
Garage Building, Desgn : J.C.B. Operator,
E. C. No.3583997, Pant Nagar, Ghatkopar
(E), Mumbai 400 075 and residing
at Daruwala Chawl, Near Roshan High
School, Near Suleman Masjid, Kurla (W),
Mumbai – 400 070. ....Defendant.
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 5th NOVEMBER, 2022.
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J U D G M E N T
(Exparte)
1. The present suit is filed by the plaintiff for recovery of an
amount of Rs.2,88,762/(Rupees Two Lacs Eighty Eight Thousand
Seven Hundred and Sixty Two only) with further interest on the
principal amount of Rs.2,40,000/ (Rupees Two Lacs Forty Thousand
only) at the rate of 18% per annum from the date of filing of the suit till
its realization.
2. The facts in brief are as follows:
The plaintiff lent and advanced to the defendant the sum of
Rs.2,40,000/ on 15.10.2018 in cash with interest at the rate of 18%
per annum. The defendant executed demand promisory note in favour
of plaintiff. The defendant failed to repay the same. The plaintiff on
several occasions demanded the repayment of said amount, but the
defendant failed and neglected to pay the same. The plaintiff issued
legal notice but the defendant failed to repay the demand. Hence, the
present suit. The plaintiff prayed to decree the suit.
3. The defendant was duly served but, he failed to appear
hence, suit was proceeded Exparte against the defendant as per order
dated 01.02.2021.
4. Heard the Learned Advocate for plaintiff. Plaintiff filed
Claim Affidavit Exh.04 alongwith Compilation of Documents vide Exh.5.
Plaintiff filed the Original promisory Note dt.15.10.2018 and Notice of
demand dt.10.09.2019 vide Exh.6 and 7. Plaintiff also filed copy of
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Money Lending License Article A, Form No.10 Article B, Cash entry
Article C, Ledger Entry Article D.
5. After going through the documents filed by the plaintiff, it
seems that the defendant had taken the amount and agreed to repay the
same on demand alongwith interest. The defendant however, failed to
repay the same. The original promissory note shows that the promissory
note was executed by the defendant. The defendant failed to appear
and challenge the oral and documentary evidence of plaintiff. The
defendant also failed to crossexamine the plaintiff. Therefore, the
evidence of plaintiff has gone unchallenged. The plaintiff on oath stated
about the money lent to the defendant. The documents filed by the
plaintiff had also gone unchallenged. It therefore seems that the
defendant is liable to pay the principal amount and the interest accrued
upon it. The plaintiff calculated the amount of Rs.2,88,762/ till the
date of filing of the suit. Considering the nature of transaction it would
not be appropriate to grant further interest at the rate of 18% per
annum. However, the interest at the rate of 9% per annum would meet
the ends of Justice. Hence, I, proceed to pass the following order:
ORDER
1. The Summary Suit No.1270 of 2019 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,88,762/(Rupees Two
Lacs Eighty Eight Thousand Seven Hundred and Sixty Two only)
to the plaintiff with interest on the principal amount of
Rs.2,40,000/ (Rupees Two Lacs Forty Thousand only) at the rate
of 9 percent p.a. from the date of filing of the suit till its
realisation.
3. Decree be drawn up accordingly.
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4. Court fee be refunded to the plaintiff if any as per rules.
5. Judgement dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 05112022 City Civil Court, Gr. MUMBAI
Direct Typed on : 05112022
checked on : 05112022
Signed on : 05112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
10.11.2022 at 05.50 p.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
05.11.2022
Judgment/order signed by P.O. on 05.11.2022
Judgment/order uploaded on 10.11.2022
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