Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010028352020
Presented on 18-02-2020
Registered on 07-11-2020
Decided on 15-09-2023
Duration Year Month Days
03 06 26
CNR No. MHCC010028352020
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.432 OF 2020
DAMYANTI CHANDRAKANT NANDU
Aged 62 years, Occupation Housewife
Residing at 302, Prince Apartment,
Gopal Lane, Ghatkopar (West),
Mumbai – 400 086.
Power of Attorney holder : Shailesh
Chandrakant Nandu ...Plaintiff.
V/s.
VELJI DHANJI FURIA
Age Not known, Occupation: Businessman
Residing at 201, Yogi Smriti, C-Wing,
Park Road, Vile Parle (East)
Mumbai – 400 057. ....Defendant.
Appearances:
Ld. Adv. Dipen Furia i/b M/s. Shah and Furia Asso. for plaintiff.
None present for defendant.
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Sum Suit 432 of 2020 .. J/2 .. Judgment
CORAM : HIS HONOUR JUDGE
SHRI R. S. KSHIRSAGAR
(C.R.No.13)
DATED : 15th September, 2023
J U D G M E N T
(Ex-parte)
1. The present suit is filed by the plaintiff for recovery of
an amount of 15,07,084/ (Rupees Fifteen Lakhs Seven Thousand
Eighty Four only) with further interest on the principal amount of
Rs.10,00,000/ (Rupees Ten Lakhs Only) at the rate of 1.25% per
month from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff lent an advanced a personal loan of Rs.10,00,000/-
vide cheque No.381706, dated 20.08.2014 of Bank of India,
Ghatkopar (West) Branch for short period to the defendant with
promises and assurance of defendant.
3. It is the case of plaintiff that defendant executed
promissory note dated 20.08.2014 thereby acknowleging the
receipt of said amount and further promising to return the said
amount on demand.
4. It is the case of plaintiff that defendant was making the
payment of interest calculated every four months to the plaintiff
till 31.07.2016. The defendant did not make any payment till
20.06.2019. Thereafter, once again defendant made part payment
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Sum Suit 432 of 2020 .. J/3 .. Judgment
of Rs.25,000/- towards the outstanding interest. There is interest
of Rs.2,99,000.00 on the said loan amount of Rs.10,00,000/-. The
defendant has also duly confirmed and acknowledged the receipt
of said loan and part payment of interst and outstanding amount
from time to time by affixing signature on confirmation of account.
5. It is the case of plaintiff that she repeatedly time and
again requested the defendant to repay the said principal amount
along with interest accrued thereon. However, the defendant gave
false promises and assurances to hier for making repayment of
outstanding loan amount with pending interest accrued thereon
till date. As defendant failed to pay the amount, plaintiff issued
notice through her advocate dated 22.10.2019 and called upon the
defendant to pay the loan amount along with interst within the 7
days of the receipt of the notice. Despite service of the notice,
defendant failed to pay the loan amount along with interest,
plaintiff constrained to file the present suit.
6. After registration of suit, suit summons were issued to
the defendant. Defendant appeared. Thereafter, plaintiff filed
Summons for Judgment No.87/2021 same was conditionally
allowed and defendant was directed to deposit amount of
Rs.5,00,000/- within a two months from the order. Defendant
failed to comply the said order. Hence, suit proceeded ex-parte
against him.
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Sum Suit 432 of 2020 .. J/4 .. Judgment
7. In order to prove her claim plaintiff filed her claim
affidavit vide Exh.5 and filed revelant document along with list
Exh.6. Plaintiff in her evidence affidavit Exh.5 reitrated the
contents of the plaint Exh.1. On perusal of Exh.8 and 9 i.e. Bank
Passbook entry and original promissory note dated 21.08.2014
and 21.08.2014 defendant agreed to repay the amount of
Rs.10,00,000/- along with rate of interest 15% per annum to the
plaintiff. The bank statement Exh.10 shows that amount of
Rs.25,000/- transfer to the plaintiff received from the defendant.
and same is confirmed by the defendant from the above document
it is proved that plaintiff lent amount of Rs.10,00,000/- to the
defendant as a loan and from the promissory note it is proved that
defendant agreed to repay the same at the rate of 15% per annum.
On perusal of notice dated 22.10.2019 Exh.12 it is seen that
plaintiff call on the defendant to pay the loan amount along with
the interest. The said notices are served on the defendant vide
Exh.12 and Exh.15. Despite service of the notices defendant failed
to pay the loan amount and interest thereon. The above oral as
well as documentry evidence of the plaintiff is remain unchallaged
as there is a no cross. Hence, plaintiff through her documentry as
well as oral evidence proved her case.
8. The plaintiff is demanding the interest at the rate of
15% per annum. It seems that there is no contract in writing
regarding the rate of interest to be paid in case of breach. It
therefore seems that the interest at the rate of 15% per annum is
exorbitant and therefore, it cannot be granted to the plaintiff.
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Sum Suit 432 of 2020 .. J/5 .. Judgment
Considering the nature of transaction and rate of nationalies bank,
the interest at the rate of 9% per annum will suffice the purpose of
justice therefore, I, proceed to pass the following order:
ORDER
1. The Summary Suit No. 432 of 2020 is partly decreed with costs.
2. The defendants do pay the sum of 15,07,084/ (Rupees Fifteen
Lakhs Seven Thousand Eighty Four only) to the plaintiff.
3. Defendants do pay rate of interest at the rate of 9 percent p.a.
on the principal amount of Rs.10,00,000/ (Rupees Ten Lakhs Only)
from the date of filing of the suit till its realisation.
4. Decree be drawn up accordingly.
5. Court fees be refunded as per rule.
6. Judgement dictated and pronounced in open court.
7. R and P be sent to Record Department.
( Shri R. S. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 15-09-2023 City Civil Court, Gr. MUMBAI
Dictated on : 15-09-2023
Transcribed on : 15-09-2023
checked on : 16-09-2023
Signed on : 16-09-2023
( Shri R. S. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Sum Suit 432 of 2020 .. J/6 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.09.2023 at 04.25 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri R.S.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
15.09.2023
Judgment/order signed by P.O. on 16.09.2023
Judgment/order uploaded on 16.09.2023
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