Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.398/2020
MHCC010014042020
Presented on : 03.02.2020
Registered on : 18.02.2020
Decided on : 31.03.2022
Duration : Y2, M1, D28
IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI
COMMERCIAL SUIT NO.398 OF 2020
VIMMI BHARAT JAIN )
Age years of Mumbai an adult Indian Inhabitant )
having his address at 57, Khoja Kasam )
Building, 2nd Floor, Room No. 32, )
Near KEM Hospital, Parel, Mumbai – 12. )...Plaintiff
V/s
G. KIRAN KUMAR
Age not known of an adult Indian Inhabitant )
carrying on business as a Sole Proprietor in the )
name and style of Sree Varalkshmi Jewellers, )
and from 72 394/A, Ashok Nagar, Pot Market, )
Secunderabad – 500 003, Telangana )....Defendant
APPEARANCE:
Adv.Mr.Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 31st March, 2022
EXPARTE JUDGMENT
This is commercial suit is filed under the Commercial
Courts Act, 2015 for recovery of outstanding amount of loan advanced
by the plaintiff to the defendant.
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In brief, facts of the plaintiff's case are as under :
2. On 14.07.2015, the defendant approached to the plaintiff
with request for extending financial assistance by way of business loan.
Accordingly, the plaintiff by way of business loan extended financial
assistance of Rs.2,87,900/ by cheque/RTGS. Till 31 st March 2018, the
defendant has paid interest at the rate of 18% p.a. Thereafter, the
defendant has failed to pay due amount to the plaintiff. Therefore, on
27.04.2019, by issuing notice, the plaintiff called upon the defendant to
pay Rs.2,87,900/ alongwith accrued interest thereon. In spite of receipt
of said notice, the defendant has failed to make payment of the same.
The defendant by notice dated 04th May 2019, requested time for
payment but, failed to pay the amount. Amount of Rs.3,53,209.91ps is
due and payable from the defendant. Hence, to recover said amount
this suit is filed.
3. In view of order dated 18.09.2021, suit is proceeded ex
parte against defendant.
4. Heard the learned Advocate for the plaintiff. No argument
of the defendant. Points for determination along with my findings
thereon with reasons are as under:
POINTS FINDINGS
1. Whether the plaintiff proves that the
defendant has failed to pay Rs.3,53,209.91ps
as outstanding amount of the loan borrowed
by him from the plaintiff?
Yes
2. If yes, what amount is due and payable by the
defendant to the plaintiff and at what rate of
interest?
Rs.3,53,209.91ps
alongwith interest
@ 12% p.a.
3. What order and decree? Suit is decreed.
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REASONS
AS TO POINT NOs.1 AND 2:
5. All these points are interlinked with each other, hence they
are taken together for consideration. The plaintiff in support of its claim
has examined Vimmi (PW1) at Exhibit8. She deposes in support of the
suit claim. She deposes that at the request of the defendant she
extended financial assistance of Rs.2,87,900/ to the defendant. Said
loan was advanced by cheque/RTGS. Time to time, the defendant paid
interest till 31.03.2018. Thereafter, the defendant has failed to pay any
amount against the loan. In spite of repeated demands, the defendant
has failed to make payment of due amount to the plaintiff. She further
deposes that amount of Rs.3,53,209.91ps is due and payable from the
defendant.
6. In the bank statement, Exh10 entry dated 14.07.2015
shows that by RTGS the plaintiff has transferred amount of
Rs.2,87,900/ to the defendant. The entries dated 27.03.2016,
22.03.2018 in bank passbook, Exh.10 show that the defendant has time
to time paid interest on the said loan amount till 22.03.2018. After
22.03.2018, the defendant has failed to make the payment of the
amount and interest thereon. Therefore, the plaintiff by notice dated
27.04.2019, Exh.11 (colly.) called upon the defendant to make the
payment of the due amount. Acknowledgment card attached with this
notice shows that the defendant has received this notice. By notice reply
dated 04.05.2019, Exh.12, the defendant admits the payments made to
the plaintiff. Except this there is no specific denial of the liability. The
defendant inspite of opportunity failed to appear and resist the
plaintiff's claim. The plaintiff's contentions and evidence remained
unchallenged. Hence, same is required to be accepted.
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7. From the aforesaid facts and evidence the plaintiff proves
that she has advanced business loan of Rs.2,87,900/ to the defendant.
The defendant has failed to pay the outstanding amount against the
loan to the plaintiff. Thereby the plaintiff proves that amount of
Rs.3,53,209.91ps is due and payable by the defendant to the plaintiff.
Considering the commercial nature of the transaction I am on the view
that further rate of interest shall be 12% p.a. from the date of filing of
the suit. Hence, I answer point No.1 and 2 accordingly.
AS TO POINT NO.3:
8. In view of my findings to point Nos.1 and 2, the suit is
liable to be decreed with costs. In the result, in answer to point No.3, I
pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of
Rs.3,53,209.91ps (Rupees Three Lakhs Fifty Three
Thousand Two Hundred Nine and Ninety One Paise
Only) alongwith interest at the rate of 12% p.a. on the
principal amount of Rs.2,87,900/(Rupees Two Lakhs
Eighty Seven Thousand Nine Hundred Only) from the
date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 31.03.2022 Mumbai.
Dictated on : 31.03.2022
Typed on : 31.03.2022
Signed by HHJ on : 31.03.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.04.2022 at 03.30 p.m.
UPLOAD DATE AND TIME
(Mrs. P.L.Parab)
NAME OF CLERKTYPIST
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
31.03.2022
Judgment/order signed by P.O. on 31.03.2022
Judgment/order uploaded on 01.04.2022
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