Final Order 1

Order Details: Ex-parte Judgement
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MHCC010023712019
Presented on : 01/03/2019
Registered on : 15/03/2019
Decided on : 11/07/2022
Duration : Y M D
03 04 10
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO. 326 OF 2021
Ex.No.10
Rajendra Zaverchand Mehta, (HUF) through its
Karta Rajendra Z.Mehta
Age: 63 years, of Bombay,
Indian Inhabitant residing at
5, Shanta Niwas, 192, Gujarat Society,
Sion West, Mumbai 400022. ..Plaintiff
VERSUS
Dhanlal Brothers, Teaching Aids &
S. Instrument,5, S.Gandhi Marg,
Devkaran Mansion No.1,
Princess Street, Mumbai400 002. ..Defendant
______________________________________________________
Ld. Advocate Shweta Singh along with Adv. Kajal Gupta for
plaintiff.
Defendantexparte.
______________________________________________________
ORAL ORDER
(Delivered this on 11th day of July, 2022)
Suit is for recovery of an amount of Rs. Rs.6,75,146/
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alongwith future interest.
Material averments in the plaint may be
summarized as under:
2. Plaintiff and defendant had good business relations.
Plaintiff advanced loan of Rs.5 lacs to defendant by cheque
bearing No.000052 drawn on Bank of Baroda, Mandvi Branch.
Defendant executed a promissory note dated 28/11/2013 and
promised to pay said amount alongwith interest at the rate of
15% p.a. On 01/12/2017, defendant made part payment of
Rs.9125/. An amount of Rs.1,81,094/ is outstanding against
defendant towards interest for the period from 01/10/2016 to
28/02/2019. An amount of Rs.6,75,146/ is outstanding against
defendant. Plaintiff sent legal notice dated 01/02/2019 asking
defendant to pay outstanding amount. Inspite of service of said
notice, defendant failed to pay outstanding amount. Hence this
suit.
3. In pursuance to the suit summons, defendant
appeared. Thereafter, plaintiff has taken out Summons for
Judgment No.161 of 2021. After service of Summons for
Judgment, defendant has applied for leave to defend the suit. As
per order passed in Summons for Judgment dated 21/03/2022,
leave to defend the suit was granted to defendant on the
condition that defendant shall deposit a sum of Rs.5 lacs within
the period of 12 weeks from the date of passing the order.
However, defendant failed to comply order dated 21/03/2022.
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Therefore, suit proceeded exparte.
4. Heard Ld. advocate for plaintiff.
5. Following points arise for determination, findings
thereon for the reasons to follow, are as under:
Sr. No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.6,75,146/ is
outstanding against defendant ?
Proved
2. What order? Suit is decreed as per
final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff has filed
claim affidavit of PW1 Rajendra Mehta at Ex.8 and original
documents below list Ex.9.
7. PW1 Rejendra Mehta testifies that he has advanced
loan of Rs.5 lacs to defendant by cheque. Defendant executed
promissory note dated 28/11/2013 and promised to pay principal
amount with interest at the rate of 1.25% p.m. Defendant also
executed a confirmationcumundertaking.
8. PW1 Rajendra Mehta further testifies that defendant
paid interest upto 01/12/2017. Defendant also issued TDS
certificate showing payment of interest amount of Rs.38,125/
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during the period from 01/01/2016 to 31/03/2016.
9. Plaintiff submits that original promissory note is not
traceable. Plaintiff has filed on record photocopy of promissory
note. Plaintiff has filed on record confirmationcumundertaking
given by defendant which shows that defendant undertakes to
pay principal amount of Rs.5 lacs alongwith interest at the rate of
1.25% p.m. Plaintiff has also filed on record TDS certificate
issued by defendant which shows that defendant has paid interest
amount of Rs.38,125/ during the period from 01/01/2016 to
31/03/2016. Thus, plaintiff's claim is well supported by
documents filed on record. As stated supra, defendant failed to
deposit principal amount of Rs.5 lacs as per order passed in S/J
No.161 of 2021 dated 21/03/2022. Therefore, suit proceeded
exparte against defendant. Plaintiff's claim is well supported by
documents filed on record. Therefore, plaintiff's claim u/o. 37
Rule 2 of C.P.C. needs to be accepted.
10. Plaintiff claimed interest at the rate of 15% p.a.
Plaintiff, by applying agreed rate of interest, claimed an amount
of Rs.6,75,146/. Plaintiff's claim remain unchallenged.
Therefore, plaintiff is entitled to get an amount of Rs.6,75,146/
from defendant. Point No.1 is answered accordingly.
11. Plaintiff claimed interest at the rate of 15% p.a. from
the date of filing of suit till it's realization. Considering the nature
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of transaction, plaintiff is entitled to get interest at the rate of
15% p.a. from the date of filing of suit till it's realisation. In the
result, following order:
ORDER
1. Commercial Suit No.326 of 2021 is decreed with costs.
2. Defendant shall pay an amount of Rs.6,75,146/ (Rupees Six
Lacs Seventy Five Thousand One Hundred and Forty Six only)
along with interest @ 15 % p.a. on the principal amount of
Rs.5,00,000/ to plaintiff from the date of the suit till its
realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section
11(2) of the Bombay City Civil Court Act, 1948, for the refund of
Institution Fee.
4. Decree thus follow.
(S. U. HAKE)
JUDGE,
Dt. 11/07/2022 CITY CIVIL COURT, GR.MUMBAI.
Dictated on : 11/07/2022
Transcribed on : 12/07/2022
Signed on : 12/07/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12.07.2022 5.25 pm Tanushree C.Kamble
Name of the Judge HHJ Shri S.U.HAKE
(CR No.14)
Date of Pronouncement of
Judgment/Order.
11.07.2022
Judgment/order signed by P.O on 12.07.2022
Judgment/order uploaded on 12.07.2022
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