Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 397/2020. 1 Ex-parte Judgment.
MHCC010014062020
Presented on : 03-02-2020
Registered on : 18-02-2020
Decided on : 10-03-2021
Duration : 1 years, 1 months, 7 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 397 OF 2020
Exh.10.
Bharat Sakalchand Jain, Age 46 years )
Of Mumbai an adult Indian Inhabitant )
Having his address at 56, Khoja Kasam Building, )
2nd Floor, Room No.32, Near KEM Hospital, )
Parel, Mumbai – 400 012 )...Plaintiff
Versus
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 Varalakshmi Jewellers, )
and from 7-2-394/A, Ashok Nagar, )
Pot Market, Secunderabad-500 003, Telangana )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 10th MARCH, 2021.
Mr. Ramesh Jain, Advocate for Plaintiff.
None for Defendant. (Ex-parte).
JUDGMENT (EX-PARTE)
This is a suit for recovery of Rs.7,16,089.86 (Rupees Seven
Lakhs Sixteen Thousand Eighty-nine and Paise Eighty-six Only) with
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Comm.Suit No. 397/2020. 2 Ex-parte Judgment.
interest at the rate of 18% p.a. It is based on cheques and entries in
pass-book.
Plaintiff’s case is narrated as follows :
2. According to plaintiff, defendant has approached the
plaintiff for financial assistance on 27th and 30th June, 2015. Plaintiff
has handed over the financial assistance to the defendant by two
cheques bearing No. 134297, 134299 respectively for the amount of
Rs.2,86,000/- (Rupees Two Lakhs Eighty-six Thousand Only) and
Rs.2,97,682/- (Rupees Two Lakhs Ninety-seven Thousand Six Hundred
Eighty-two Only). It was agreed to repay the amount with interest at
the rate of 18% p.a.
3. According to plaintiff, defendant has paid the interest
regularly upto March-2018. However, upon default by the defendant,
plaintiff has issued a notice through advocate on 27/04/2019.
Defendant has replied the notice on 04/05/2019, wherein, he admits
the suit claim and prayed for time to repay the amount. Upon failure to
repay the amount, plaintiff has presented this suit.
4. Defendant appeared before this Court in pre-institution
mediation. However, matter could not succeed in pre-institution
mediation.
5. Summons is duly served by RPAD vide Exh.2. Defendant is
failed to appear. Hence, suit is proceeded ex-parte.
6. Plaintiff has submitted statement of truth vide Exh.3. PW 1
Bharat Jain deposed before the Court vide Exh.4. Perused account
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Comm.Suit No. 397/2020. 3 Ex-parte Judgment.
statement vide Exh.6 from page no.1 to 31. Perused notice issued by
the plaintiff vide Exh.7 dated 27/04/2019. Defendant has replied the
notice through Adv. Samudrala vide Exh.8 on 04/05/2019. In initial
five paragraphs, it is mentioned by the defendant that at no point of
time defendant had availed financial assistance from plaintiff and there
were no terms of interest between them. However, in last paragraph, it
is requested by the defendant to grant some time to repay the amount.
7. According to plaintiff, defendant has paid the interest for
three years i.e. from 2016 to 2018. On perusal of bank statement,
plaintiff has received the interest of Rs.81,567/- (Rupees Eighty-one
Thousand Five Hundred Sixty-seven Only), Rs.1,06,522/- (Rupees One
Lakh Six Thousand Five Hundred Twenty-two Only) and Rs.1,06,823/-
(Rupees One Lakh Six Thousand Eight Hundred Twenty-three Only)
respectively from March-2016 to March-2018. Accordingly, it is clear
that plaintiff has received the interest of around three lakhs.
8. Absence of defendant despite due service of summons and
notice for pre-institution mediation, infers that he admits the suit claim.
In result, it deserves to decree the suit.
9. However, there is no express document of agreed rate of
interest. On perusal of particulars of claim at page no.13 alongwith the
plaint, plaintiff has already charged the interest of 18% p.a. from April-
2018 till filing the suit. Therefore, alongwith principal and
accumulated interest plaintiff has presented this suit for recovery of
Rs.7,16,089.86. Considering all facts in total, the interest claimed by
the plaintiff at the rate of 18% seems to be exorbitant. Considering
entire facts on record, it is decreed with interest at the rate of 9% p.a.
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Comm.Suit No. 397/2020. 4 Ex-parte Judgment.
Hence, the order :
- ORDER -
1. Suit is partly decreed with cost.
2. Defendant shall pay the amount of Rs.7,16,089.86 (Rupees
Seven Lakhs Sixteen Thousand Eighty-nine and Paise
Eighty-six Only) with interest @ 9% p.a. from the date of
suit till realization, within two months from the date of
decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/03/2021. Mumbai.
1. Dictated on : 10/03/2021.
2. Transcribed on : 11/03/2021.
3. Signed on : 11/03/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12/03/2021. 1.13 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 10/03/2021.
Judgment/Order signed by P.O. on 11/03/2021.
Judgment/Order uploaded on 12/03/2021.
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