Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm. Suit No.907/2021
MHCC010016642020 Presented on : 06/02/2020
Registered on : 20/02/2020
Decided on : 18/07/2022
Duration : 2Y 5M 12D
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT No. 907 OF 2021
Jitesh Jayantilal Sanghrajka,
Age : 65 years, Occ: Business, Being the
Executor of the Letters of Administration of
late Smt. Nandkumariben J. Kamdar,
Residing at 5, Hemprabha, 68, Marine
Drive, Mumbai 400026
...PLAINTIFF
VERSUS
Vishal Kishanlal Miglani,
Age : 40 years, Oce: Business, Residing at
A8, Lunkad Sky View, Vima Nagar, Pune
411014
…DEFENDANT
Shri Surendra Raja, Advocate for plaintiff.
Defendant : exparte.
CORAM : HIS HONOUR 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 18/07/2022)
Plaintiff has filed this suit for recovery of principal sum of
Rs.10,00,000/ + interest Rs.2,27,500/ calculated @ 21% p.a. from
1/10/2018 to 31/1/2020 (Total Rs.12,27,500/) and interest @ 21%
p.a. from the date of suit till realization of entire amount.
2] It is case of plaintiff that he is son of late Smt.
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2 Comm. Suit No.907/2021
Nandkumariben Jayantilal Kamdar @ Sanghrajka who died intestate on
18/3/2017. He had filed proceedings before the Hon'ble High court for
obtaining Letters of Administration and accordingly the Hon'ble High
Court has issued Letters of Administration No. 156 of 2018 in his favour
being heir and legal representative of his mother late Smt.
Nandkumariben Jayantilal Kamdar @ Sanghrajka. In the Letters of
Administration, it is mentioned that an amount of Rs. 10,00,000/ lent
and advanced by plaintiff’s mother to defendant. Defendant is a very
close family friend who used to occasionally come to the house of
plaintiff's family as the relation between them was cordial and close.
Defendant was in dire need of Rs. 10,00,000/ for his business purpose.
He had requested mother of plaintiff for a loan of Rs. 10,00,000/,
which given by plaintiff's mother to defendant in the house in presence
of plaintiff through cheque No. 809509 dated 18/9/2009 drawn on
Punjab & Sind Bank, Opera House branch, Mumbai. Thus, plaintiff is
aware of the fact and transaction.
3] Defendant had at that time promised that he will repay the
said amount alongwith interest thereon. Defendant has received and
acknowledged the said sum. After receipt of the said loan the defendant
has paid interest on the said loan amount from time to time as agreed.
He has confirmed his liability from time to time by signing and
acknowledging the confirmation of accounts. The details of the
confirmation of accounts are : (a) Confirmation of Accounts from
1/4/2016 to 31/3/2017, (b) Confirmation of Accounts from 1/4/2017
to 31/3/2018 (c) Confirmation of Accounts from 1/4/2018 to
31/3/2019.
4] Defendant also vide his letter dated 21/5/2019
acknowledged and confirmed the said loan by promising to make the
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3 Comm. Suit No.907/2021
payment by 30/6/2019, which he failed and neglected to make the
payment. Plaintiff called upon the defendant from time to time to
return the dues, but he failed to repay the same. Thus, a sum of Rs.
10,00,000/towards principal amount and Rs.2,27,500/ towards
interest is due and payable by defendant. Plaintiff is entitled to interest
@ 21% on the said sum from the date of the filing of the suit till
realization.
5] Inspite of service of suit summons, defendant remained
absent and hence, suit proceeded exparte against him.
6] In view of above facts following points arise for
determination of this court and I recorded findings thereon for the
reasons stated as under.
POINTS FINDINGS
1. Whether plaintiff proved that his mother
advanced loan of Rs.10,00,000/ to
defendant through cheque No. 809509
dated 18/9/2009 drawn on Punjab & Sind
Bank, Opera House branch, Mumbai?
…Yes
2. Whether plaintiff proved that sum of Rs.
10,00,000/ towards the principal amount
is due from defendant?
…Yes
3. Whether plaintiff is entitled for interest of
Rs.2,27,500/ calculated @ 21 % p.a. on
the principal amount from 1/10/2018 to
31/1/2020?
…Yes,
Rs.1,95,000/
calculated
@ 18% p.a.
4. Whether defendant is liable to pay interest
on principal amount of @ 21% p.a. from
the date of filing of the suit till full
payment or realization thereof?
…Yes, @ 18% p.a.
5. What order and decree? …As per final order
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REASONS
AS TO POINT Nos.1 TO 4:
7] Heard learned counsel of plaintiff. Plaintiff has examined
himself (PW1) to prove his case. He reproduced all content of plaint in
his chiefexamination. His evidence is supported by documentary
evidence (Exh.11 to 16) : copy of letter of administration in petition
no.156/2018, certificate dt.13/6/2022 u/sec. 65(B) of Evidence Act
issued by Punjab & Sindh Bank, Confirmation of accounts by defendant
dt.1/4/2017, 1/4/2018, 1/4/2019, confirmation of loan dt.21/5/2019
and repayment by 30/6/2019.
8] Evidence of PW1 remains unchallenged. His evidence is
supported by documentary evidence. There is no reason to disbelieve
his testimony. Hence, plaintiff succeeded to establish that defendant is
liable to pay outstanding amount of Rs.10,00,000/. Therefore, plaintiff
is entitled for recovery of the said amount. As far as interest of
Rs.2,27,500/ calculated @ 21% p.a. is concerned, considering the
prevailing market rate of interest, it is desirable to grant interest of Rs
1,95,000/ calculated @ 18% p.a. and further interest @ 18% per
annum on outstanding amount of Rs.10,00,000/ from the date of filing
of suit till realization of the amount. In view of above facts, I answered
point no.1 to 4 as above. Thus, I pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed pay to plaintiff the amount of
Rs.10,00,000/with interest @ 18% p.a. from the date of
suit till realization of entire amount.
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3. Defendant shall pay presuit interest of Rs.1,95,000/
calculated @ 18% p.a. on principal sum for a period
1/10/2018 to 31/1/2020.
4. Decree be drawn up accordingly.
Date : 18/07/2022.
(N.P. TRIBHUWAN)
Judge, City Civil Court,
Mumbai. C.R.No.32
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Dictated on : 18/07/2022.
Checked on : 18/07/2022.
Signed on : 18/07/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18/07/2022 at Mr. Pranit Ghodke.
UPLOAD DATE AND TIME NAME OF CLERKTYPIST
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 18/07/2022.
Order signed by P.O. on 18/07/2022.
Order uploaded on 18/07/2022.
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