Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.4012020
MHCC010016382020
Presented on : 06022020
Registered on : 18022020
Decided on : 17122021
Duration : Y01, M10, D 11
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
COMMERCIAL SUIT NO.401 OF 2020
Swati Sahebrao Gadge ]
Age:28 years ]
of Mumbai an adult Indian inhabitant ]
having her address at Room No.1, Plot No.198, ]
Tulja Bhawani Society, Shivneri Nagar, ]
Shingre Wadi, Bail Bazar, Kurla (W), ]
Mumbai400 070 ]...Plaintiff
V/s
Ulhas Ashruba Mhaske ]
of Mumbai an adult Indian inhabitant ]
working for gain with BMC,"M" Ward, ]
Conservancy Dept., ]
Near Natraj Cinema (E)400 071 ]
EMP No.04031745 and residing at BMC Colony ]
Labour Camp, Room No.54, Bldg.No.A/1B, ]
Tilak Nagar, Near Chembur Railway Stn. ]
P.L.Lokhande Marg, Mumbai400 089 ].....Defendant
APPEARANCE:
Adv.Mr.Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 17th December, 2021
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EXPARTE JUDGMENT
This suit is under Section 2(i)(c) of the Commercial Courts
Act, 2015, for recovery of amount from the defendant.
In brief, the plaintiff's case is as under :
2. The plaintiff is licensed Money Lender doing business of
money lending. On 02.08.2017, the defendant has executed a demand
promissory note in favour of the plaintiff for valuable consideration of
Rs.5,00,000/, received by the defendant from the plaintiff. By said
demand promissory note, the defendant has promised to pay to the
plaintiff, the sum of Rs.5,00,000/ alongwith interest at the rate of 18%
p.a. on demand. In spite of repeated demands, the defendant has failed
and neglected to pay the said amount to the plaintiff. Therefore, on
17.08.2019, the plaintiff issued legal notice to the defendant, calling
upon him to make the payment of the aforesaid amount. In spite of this,
the defendant has failed to pay the said amount. On the date of filing of
this suit, the defendant was liable to pay the amount of
Rs.6,87,643.83ps to the plaintiff. To recover this amount from the
defendant, the plaintiff has filed this suit.
3. The suit summons was served. The defendant has failed to
appear. Hence, the suit is proceeded exparte against the 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 follows:
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POINTS FINDINGS
1. Whether the plaintiff proves that against the
amount received from her, the defendant for
the purpose of repayment of the same has
executed the demand promissory note for
Rs.5,00,000/?
Yes
2. What is the agreed rate of interest? @ 18% p.a.
3. Whether the defendant has failed to pay the
amount of Rs.5,00,000/ and interest
thereon to the plaintiff?
Yes
4. What order and decree? Suit is decreed.
REASONS
AS TO POINT NOs.1 TO 3:
5. All these points are interlinked with each other, hence to
avoid repetition of findings, they are taken together for consideration.
The plaintiff in support of her claim has examined her Constituted
Attorney, Priya (PW1) at Exh.03. The plaintiff has relied on following
documentary evidence:
1 Promissory Note dated 02.08.2017 at Exh.06
2 Plaintiff's Advocate's letter dated 17.08.2019 alongwith the
postal records in connection with the transmission and
delivery thereof at Exh.07 (colly)
3 Copy of Money Lender's License, at Exh.08
4 Copy of Form No.10, at Exh.9
5 Copy of books of accounts at Exh.10
6. Priya (PW1) deposes that the defendant has received
Rs.5,00,000/ from the plaintiff and against the same has executed
demand promissory note in favour of the plaintiff. In terms thereof the
plaintiff at several times demanded Rs.5,00,000/ with interest accrued
thereon at the rate of 18% p.a. from the defendant, but the defendant
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has failed to repay the said amount and interest thereon.
7. The copy of money lender license (Exh.8) shows that the
plaintiff is registered Money Lender, carrying business of money
lending. Her license is valid from 01.04.2017 to 31.03.2018. On
02.08.2017, the defendant has obtained loan from the plaintiff. On the
said date, the plaintiff was licensed money lender. The demand
promissory note (Exh.06) shows that the defendant has executed this
demand promissory note in favour of the plaintiff on 02.08.2017 for
amount of Rs.5,00,000/ alongwith the interest at the rate of 18% p.a.
The copy of Form No.10 (Exh.9), copy of books of accounts (Exh.10)
also support the plaintiff's case that the defendant has obtained loan of
Rs.5,00,000/from the plaintiff. The agreed rate of interest is 18% p.a.
The legal notice Exh.7 (colly) was attempted to be served on the
defendant. It appears that the defendant has failed and neglected to
repay the amount of loan with interest thereon. In spite of opportunity,
the defendant has failed to appear in this suit and defend the same. The
defendant has not disputed or challenged the plaintiff's case, hence,
same is required to be accepted.
8. The oral evidence of the plaintiff as well as the
documentary evidence supports the plaintiff's contention that the
defendant has obtained loan of Rs.5,00,000/ with interest at the rate of
18% p.a. from the plaintiff. The defendant has failed to repay the said
amount. The plaintiff has proved that for the aforesaid amount of
Rs.5,00,000/ received from the plaintiff, the defendant has executed
the demand promissory note and has failed to repay the same. The
agreed rate of interest is 18% p.a. Hence, the plaintiff is entitled to
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recover the said amount alongwith interest at the rate of 18% p.a. In
the result, I answer Point Nos.1 and 3 in the affirmative. As agreed rate
of interest is 18% p.a., I answer point No.2 accordingly.
AS TO POINT NO.4:
9. In view of my findings recorded against point Nos.1 to 3,
the suit is required to be decreed with costs. As the defendant has
compelled the plaintiff to file this suit, the defendant shall bear costs of
this suit. In the result, in answer to point No.4, I pass the following
order.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of
Rs.6,87,643.83ps (Rupees Six Lakh Eighty Seven
Thousand Six Hundred Forty Three and Paise Eighty
Three Only) with interest at the rate of 18% per annum
on the principal amount of Rs.5,00,000/ (Rupees Five
Lakh 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 : 17.12.2021 Mumbai.
Dictated on : 17.12.2021
Transcribed on : 17.12.2021
Signed by HHJ on : 17.12.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.12.2021 at 5.30 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
17.12.2021
Judgment/order signed by P.O. on 17.12.2021
Judgment/order uploaded on 18.12.2021
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