Final Order 1

Order Details: Ex-parte Judgement
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MHCC010000862019 Presented on : 03-01-2019
Registered on : 22-02-2019
Decided on : 11-08-2022
Duration : Y M D
03 07 08
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.338 OF 2021
(SHORT CAUSE SUIT NO.328 OF 2019)
Ex.10
Navalkishore G. Khandelwal,
an adult, aged 53 years, having address
Hasham Premji Building, 439, Kalbadevi Road,
3rd Floor, Room No. 3 & 4,
Mumbai 400 002. ..Plaintiff
VERSUS
1. Ahuja Properties and Developers
Having office at A/201,Raipipla,
Opp. Standard chartered Bank,
Linking road, Santacruz West,
Mumbai 400 054.
2 Jagdish Ahuja, an adult,
agednot known, partner/director of
Ahuja Properties and Developers
A/201, Raipipla, Opp. Standard chartered Bank,
Linking road, Santacruz(W),
Mumbai 400 054.
3. Gautam Jagdish Ahuja,
an adult, aged not known,
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partner/director of Ahuja Properties
and Developers
Flat No.72, 7th Floor, Soonavilla,
Perry Cross Road, Bandra (W),
Mumbai400 050. ..Defendants
Ld. Advocate Vandana Chaurasiya for plaintiff.
DefendantsExparte.
JUDGMENT
(Delivered on 11th day of August, 2022)
Suit is for recovery of an amount of Rs.6,31,833/
along with further interest.
Plaintiff's case may be summarized as under:
2. Defendant No.1 is a partnership firm. Defendant
Nos.2 and 3 are the partners of defendant No.1partnership firm.
Defendants made request for financial help with plaintiff. As per
defendants' request, plaintiff advanced loan of Rs.5 lacs by cheque
bearing No.039522 drawn on Union Bank of India. Said cheque
was honoured on 25/02/2016. Initially, defendants paid interest
at the rate of 21% p.a. and thereafter they started paying interest
at the rate of 12% p.a. from 15/09/2017. Defendants paid an
amount of Rs.30,712/ towards interest.
3. In order to repay the loan amount, defendants issued
cheque of Rs.5 lacs bearing No.423433 on 30/09/2017 drawn on
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Cosmos Coop Bank Ltd.,Vile Parle branch. Plaintiff presented
said cheque for encashment. However, said cheque was
dishonoured on 14/12/2017 for the reason of 'insufficient fund'.
As on 30/11/2018, an amount of Rs.6,31,833/ is outstanding
against defendants.
4. In pursuance to the writ of summons, defendant
Nos.1 to 3 appeared before the Court. Thereafter, plaintiff has
taken out Summons for Judgment No.103 of 2021 against
defendant Nos.1 to 3. As per order passed in Summons for
Judgment No.103 of 2021 dated 11/01/2022, conditional leave
to defend the suit was granted to defendants. Defendants were
directed to deposit a sum of Rs.5 lacs in the Court within a period
of 12 weeks from 11/01/2022. However, defendants failed to
comply said order. Therefore, suit proceeded exparte against
defendant Nos.1 to 3.
5. Heard Ld. advocate for plaintiff.
6. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.6,31,833/ is
outstanding against defendants?
Proved
2. What order? Suit is decreed as per
final order.
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REASONS
Point No.1
7. In order to substantiate the claim, plaintiff has
examined himself at Ex.8 and placed reliance upon documents
filed below list Ex.9.
8. PW1 Navalkishore reiterated all the facts pleaded in
the plaint in his claim affidavit. Photocopy of bank passbook filed
on record shows that cheque of Rs.5 lacs was encashed by
defendant No.1. Ledger account filed on record shows that
defendant No.1 paid interest of Rs.30,712/ by cheque on
24/02/2016. Ledger account filed on record also shows that an
amount of Rs.5 lacs was outstanding against defendants. Plaintiff
has also filed on record original cheque issued by defendant No.1
dated 30/09/2017 for Rs.5 lacs. Said cheque was presented for
encashment. However, said cheque was dishonoured due to
insufficient funds in the account of defendant No.1. Thus,
plaintiff's claim is well supported by original documents filed on
record. Plaintiff claimed interest at the rate of 12% p.a. Suit is
based upon dishonour of cheque. Therefore, plaintiff is entitled
to get interest at the rate of 12% p.a. By applying interest at the
rate of 12% p.a., plaintiff claimed an amount of Rs.6,31,833/.
Thus, plaintiff established that an amount of Rs.6,31,833/ is
outstanding against defendants. Point No.1 is answered
accordingly.
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9. Plaintiff claimed interest at the rate of 12% p.a. from
the date of filing of suit till its realization. Taking into
consideration the nature of transaction, plaintiff is entitled to get
interest at the rate of 12% p.a. from the date of filing of suit till
it's realization. In the result, following order:
ORDER
1. Commercial Suit No.338 of 2021 is decreed with costs.
2. Defendants shall pay an amount of Rs.6,31,833/ (Rupees Six
Lacs Thirty One Thousand Eight Hundred Thirty Three only)
along with interest @ 12% p.a. on the principal amount of
Rs.5,00,000/ to plaintiff from the date of the suit till its
realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section
11(2) of the Bombay City Civil Court Act, 1948, for the refund of
Institution Fee.
4. Decree thus follow.
11/08/2022 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 11/08/2022
Transcribed on : 12/08/2022
Signed on : 17/08/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
17/08/22 at 05.00 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 11/08/22
Judgment and order signed by P.O. 17/08/22
Judgment/order uploaded on 17/08/22
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