Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm. Suit No.512020
MHCC010008732020 Presented on : 10/1/2020
Registered on : 22/1/2020
Decided on : 4/1/2023
Duration : 2Y/11M/13D
Exh.19
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT No.51 of 2020
Alapana Rajan Chaturvedi
Age 35 years, of Mumbai an adult Indian
Inhabitant having his address at Indira Nagar
CHS Building No.2, D/302, Jaishankar Yagnik
Road, Ganesh Temple, G.T.B. Nagar, Antop
Hill, Mumbai400 037.
...PLAINTIFF
VERSUS
Krishna Bhaskar Modhave
Age not known of Mumbai, an adult Indian
inhabitant, working for gain with Mazgaon
Dock Ship Builders Ltd. Docyar Road,
Tno.200904 Trade:ST/FT, Dept: East Yard
Hull Mazgaon Mumbai – 400 010. Residing at
Saileela Bldg., Plot NO.227, Sec.21, Kamothe,
Navi Mumbai and also at A/P Kedgaon, Kranti
Chowk, Tal & Dist. Ahmednager414 001.
...DEFENDANT
Shri.Ramesh Jain, learned advocate for the plaintiff.
Defendant exparte.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN (C.R.NO.32)
E XP A R T E J U D G M E N T
(Delivered on 4/1/2023)
This is a suit for recovery of sum of Rs.4,33,999/ and
interest @ 18 % p.a. on principal sum of Rs.5,00,000/ from the date of
suit till realization of entire amount.
2. It is case of plaintiff that she is doing business of money
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2 Comm. Suit No.512020
lending. Plaintiff and defendant are resident of Mumbai. On 19/4/2016
defendant executed demand promissory note in favour of plaintiff for
valuable consideration of Rs.5,00,000/ received by defendant from
plaintiff. As per the said demand promissory note, the defendant
promised to pay the plaintiff the said sum of Rs.5,00,000/ alongwith
interest @ 18% p.a. Plaintiff time to time demanded the said amount
from defendant but he failed and neglected to pay the same.
3. On 9/11/2016, 22/12/2016 and 14/1/2017 the defendant
made part payment of Rs.18,000/, Rs.36,000/ and Rs.7,000/
respectively living behind principal sum of Rs.4,39,000/. After waiting
sufficient time, plaintiff sent notice dtd.4/8/2017 to defendant and
called upon him to pay the outstanding dues. Thereafter, defendant
made part payment of Rs.5,001/ on 21/2/2019. Now, sum of
Rs.4,33,999/ is due and payable by defendant to plaintiff as under.
Amount due under promissory note
dtd.19/4/2016.
Rs.5,00,000/
Less
Amount received from defendant towards
principal sum. Rs.66,001/
Total Rs.4,33,999/
4. Inspite of service of suit summons, defendant did not
appear and hence suit proceeded exparte against hi,.
5. On above facts following points arise for determination of
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that he has
advanced sum of Rs.5,00,000/ to the
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3 Comm. Suit No.512020
defendant under promissory note
dt.19/4/2016 ?
…Yes.
2. Whether the plaintiff proved that
defendant is liable to pay the outstanding
sum of Rs.4,33,999/?
…Yes,
Rs.4,18,999/
3. Whether plaintiff is entitled for interest @
18 % p.a. as prayed ? ...Yes.
4. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 TO 3:
6. Heard learned counsel of plaintiff. Plaintiff has examined
her constituted power of attorney (PW1 Rajan Parshuram Chaturvedi.)
to prove her case. PW1 reproduced all content of plaint in his chief
examination. He has filed documents : (i) Copy of Power of attorney,
(ii) Money lending license, (iii) demand promissory note
dt.19/04/2016, (iv) Form no.10 of Money lenders Act, (v) Receipts of
part payments, (vi)Office copy of the demand notice dt. 04/08/2017,
(vii) Courier receipt, (viii) Receipts of part payment, (ix) Books for
accounts (Cash Book), (x) Books of accounts (Ledger book) (Exh.8 to
17 respectively).
7. Evidence of PW1 remained unchallenged as suit
proceeded exparte against the defendant. Plaintiff has filed copies of
receipts of part payment at serial No.5, 8 with list Exh.7. These receipts
are at Exh.12 and Exh.15. It shows that defendant has made part
payment of Rs.18,000/ on 9/11/2016, Rs.36,000/ on 22/12/2016,
Rs.7,000/ on 14/11/2017, Rs.5,001/ on 21/2/2019 and Rs.15,000/
on 28/9/2021. The last payment dtd.28/9/2021 is during the pendency
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4 Comm. Suit No.512020
of the suit and therefore, said amount was not deducted at the time of
filing of the suit. Therefore, after deducting the said part payment of
Rs.15,000/ dtd. 28/9/2021 and earlier part payment of Rs.66,001/,
the outstanding sum as on today is Rs.4,18,999/. Therefore,
considering testimony of PW1 and documents, it becomes clear that
plaintiff has advanced sum of Rs.5,00,000/ to defendant on 19/4/2016
and for the same defendant has executed promissory note in favour of
plaintiff. Therefore, defendant is liable to pay the aforesaid outstanding
sum of Rs.4,18,999/.
8. Promissory note shows that defendant was agreed to pay
the interest @ 18% p.a. Considering entire facts and prevailing market
rate and agreed rate of interest, it is desirable to grant interest @18%
p.a. Hence, as per the said rate plaintiff is entitled for outstanding
principal sum of Rs.4,18,999/ with interest @ 18% p.a. from the date
of filing of suit till realization of amount. Thus, I answered point Nos. 1
to 3 as above. Hence, I pass the following order.
ORDER
1. Suit is decreed with costs as under.
2. Defendant is directed to pay the plaintiff sum of Rs.4,18,999/
with interest @ 18% p.a. from the date of suit till realisation of
the amount.
3. Decree be drawn up accordingly.
Date : 4/1/2023.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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5 Comm. Suit No.512020
Dictated on : 4/1/2023.
Checked on : 4/1/2023.
Signed on : 4/1/2023.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
4/1/2023. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 4/1/2023.
Order signed by P.O. on 4/1/2023.
Order uploaded on 4/1/2023.
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