Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010128022019
Presented on 06-12-2019
Registered on 06-01-2020
Decided on 27-06-2022
Duration Years Months Days
02 06 21
CNR No. MHCC010128022019
EXH.09
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.85 OF 2020
MANOHAR KHANDU KALBHOR,
Indian Inhabitant, carrying on business at
Patra Chawl, Near Gujrathi School, Subhash
Nagar, New Mill Road, Kurla (W),
Mumbai – 400 070. ...Plaintiff.
V/s.
MOHANBHAI MULJI GILTAR
adult, working for gain with B.M.C. Executive
Engineer Office (City), Water Division
Workshop, Dept. Water, E. C. No.1164354,
566, N. M. Joshi Marg, Bhaikhila, Mumbai
400 011 and residing at Bhandarwada Hill
Jalashay Chawl No.5, Room No.2, Husain
Patel Marg, Josef Garden, Mazgaon,
Mumbai – 400010. ....Defendant.
Appearances:
Ld. Adv Mr. Rajesh Patil for plaintiff.
None for defendant.
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Summary Suit 85 of 2020 .. J/2 .. Ex-parte Judgment
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 27th JUNE, 2022
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.2,50,000/(Rupees Two Lacs Fifty Thousand only) with
further interest 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.2,50,000/ on 25.08.2018 in cash with interest at the rate of 18%
per annum. The defendant issued a cheque in discharge of his libility
dated 24.10.2019. The said cheque on presentation was dishonoured
and it was returned as per the bank memo dated 28.10.2019. The
defendant promised to pay the principal amount with interest at the
rate of 18% per annum. The plaintiff present the cheque on 28.10.2019.
the said cheque was dishonoured. The Defendant, failed and neglected
to pay the said sum and dishonoured cheque. The plaintiff issued legal
notice dated 12.11.2019. The plaintiff therefore filed the present suit.
The plaintiff prayed for a sum of Rs.2,50,000/(Rupees Two Lacs Fifty
Thousand Only). The plaintiff claimed further interest at the rate 18%
per annum and 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 28.02.2022.
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Summary Suit 85 of 2020 .. J/3 .. Ex-parte Judgment
4. Heard the Learned Advocate for plaintiff. The plaintiff filed
his claim Affidavit vide Exh.03. The plaintiff filed the documents as per
the list of documents vide Exh.04. Plaintiff filed cheque dated
24.10.2019 Exh.05, Bank memo dated 28.10.2019 Exh.06 and Plaintiffs
Advocate's letter dated 12.11.2019 Exh.07.
6. 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 cheque was issued by the defendant towards
discharged of his legal libility. However the cheque being dishonoured,
the defendant failed to discharge his libility. 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.2,50,000/ 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.85 of 2020 is decreed with costs.
2. The defendant shall pay the sum of Rs.2,50,000/(Rupees Two
Lacs Fifty Thousand only) to the plaintiff at the rate of 9 percent
per annum from the date of filing of the suit till its realisation.
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Summary Suit 85 of 2020 .. J/4 .. Ex-parte Judgment
3. Decree be drawn up accordingly.
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.: 27062022 City Civil Court, Gr. MUMBAI
Direct Typed on : 27062022
checked on : 27062022
Signed on : 28062022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Summary Suit 85 of 2020 .. J/5 .. Ex-parte Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.07.2022 at 04.10 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
27.06.2022
Judgment/order signed by P.O. on 28.06.2022
Judgment/order uploaded on 07.07.2022
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