Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Filed on :07.02.2018
Registered On : 13.11.2016
Decided on :07.01.2022
Duration : Y-03/M-10/D-19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 250 OF 2018
IN
Exhibit-05
CNR No:-MHCC01-002004-2018
Mr. Pratik V. Shah
Age 26 years, Indian Inhabitant,
Carrying on business under the name and style
of M/s. Trend Clothing Company,
having its address at 2/201,
Lulla’s Arcade Building , Opp. Bhanu Sagar
Threatre, Station Road, Kalyan (W), District
Thane.
...Plaintiff
V/s.
Mr. Jadhav Abdul Hamid Khan
Carrying on his business as Sole Proprietor,
Under the name and style of M/s. Unity
Industries , having its address at Room No.
105, Building No. 4-A, Aghadi Nagar Society,
Dargah Road, Behind Jakaria Masjid ,
Bhandup (W), Mumbai- 400 078. ... Defendant
Appearance:-
Mr. Manoj Agre Advocate for the plaintiff.
Exparte against Defendant.
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CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 07.01.2022
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit instituted by the plaintiff under order
XXXVII of Code of Civil Procedure 1908 against the defendant.
2. The suit claim of the plaintiff is narrated in nutshell as
under:
The Plaintiff is carrying on the business trading in clothes under
the name and style of M/s. Trand Clothing Company and the defendant
is introduced to him through his uncle. He is carrying the business
under the name and style of M/s. Unity Industries.
3. Plaintiff granted short term loan of Rs.4,00,000/- to the
defendant on his request by RTGS drawn on Union Bank of India on
21.12.2015. The amount is duly received by the defendant and agreed
by him to be repaid within a period of three months. However, the
defendant avoided making repayment of said loan amount. Hence, the
plaintiff issued notice on dtd. 30.1.2017 calling upon the defendant to
repay the loan amount. The defendant gave reply through his advocate
on dtd. 9.3.2017 confirming the loan of Rs.4,00,000/- but falsely
contended that the amount was taken against security deposit of licence
premises belonging to the defendant. The notices were exchanged the
amount and due and payable by the defendant is Rs.4,00,000/- with
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interest at the rate of 18% p.a . The defendant failed to make the
repayment.
4. Thus, the plaintiff has filed the present suit against the
defendant for recovery. It is averred that the defendant is liable to pay a
sum of Rs.4,00,000/- as per the Memo of Particulars to the plaintiff and
further interest at the rate of 18% p.a from the date of suit till its
realization. Hence, this suit.
5. The suit summons were duly served on the defendant. The
defendant appeared. Summons for judgment was served on him. The
order came to be passed on summons for judgment directing the
defendant to deposit an amount of Rs.2,00,000/- within four weeks of
passing of the order on dtd. 10.3.2021. Said order is not complied by
the defendant. Hence, suit is posted for judgment as per order XXXVII
Rule 2(3) of Code of Civil Procedure 1908 judgment against defendant.
6. The following points arise for my determination and my
findings thereon are as under for the reasons stated there under:-
Sr.
No.
POINTS FINDINGS.
1. Whether the plaintiff entitled for
recovery of amount against the
defendant ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.4,00,000/- with
interest
@ 18% per annum
2. What order and decree? As per final order.
REASONS
7. In order to establish the suit claim, the plaintiff has filed
following documentary evidence below Exh.05 i.e the list of
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documents:
Sr.
No.
Description of documents Exhibits
1 Statement of account Exh.5/1
2 Office copy of the notice dtd.
30.1.2017 with A.D. card
Exh.5/2
3 Defendant’s Reply dtd. 9.3.2017 Exh.5/3
4 Office Copy of the Rejoinder dated
23.05.2017
Exh.5/4
5 Defendant’s Reply dated 4.7.2017 Exh.5/5
6 No Deposit Certificate Exh.5/6
AS TO POINT NO.1:
8. This is a summary suit which is not contested by the
defendant. The documents produced on record by the plaintiff shows
that the defendant received the amount of Rs.4,00,000/- trhough
RTGS transaction from the plaintiff as a short term loan and miserably
failed to repay the same.
9. All the documents produced by the plaintiff at list Exhibit-
05 goes to establish that plaintiff has given short term loan of Rs.
4,00,000/- to the defendant. The defendant agreed to repay the same
within three months. However, he miserably failed to repay the same.
The documents produced by the plaintiff are sufficient to establish that
the defendant is liable to pay outstanding principal interest amount of
Rs.4,00,000/- to the plaintiff.
10. The documents produced on record shows that the plaintiff
is entitled to claim the amount of Rs.4,00,000/- with interest at the rate
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of 18% p.a i.e the contractual rate of interest on the commercial
transactions. Hence, point no.1 is answered in the affirmative.
AS TO POINT NO.2:
11. In view of discussion and finding on point no.1, it is held
that the plaintiff is entitled to recover Rs.4,00,000/- from the defendant
with interest at the rate of 18% per annum from the date of filing of
the suit till its realization. Plaintiff is also entitled to recover cost of the
suit from the defendant. Hence, in answered to point no.2, I proceed to
pass the following order.
ORDER
1. The defendant shall pay Rs.4,00,000/- (Rs.-Four Lakhs
Only) to the plaintiff, with interest at the rate of 18%
from the date of filing of the suit till its realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per the rules.
4. Decree be drawn accordingly.
(A.H. Kashikar)
AD-HOC Judge,
City Civil Court,
Date :07.01.2022 Gr. Bombay
Dictated on : 7.1.2022
Typed on : 7.1.2022
Signed on : 11.1.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11.1.2022 2.00p .m.
UPLOAD DATE AND TIME
Name of the Judge (With Court
room No.)
HHJ Smt. A.H. Kashikar (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
7.1.2022
JUDGMENT/ORDER signed by
P.O.on
11.1.2022
JUDGMENT/ORDER uploaded on 11.1.2022
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