Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010028422020
Presented on 18-02-2020
Registered on 07-11-2020
Decided on 15-09-2023
Duration Year Month Days
03 06 26
CNR No. MHCC010028422020
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.433 OF 2020
SHAILESH CHANDRAKANT NANDU H.U.F.
Residing at 302, Prince Apartment,
Gopal Lane, Ghatkopar (West),
Mumbai – 400 086. ...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 433 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 Rs.30,39,166/ (Rupees Thirty Lakhs Thirty Nine Thousand
One Hundered Sixty Six only) with further interest on the principal
amount of Rs.20,00,000/ (Rupees Twenty 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.15,00,000/- vide
cheque No.067606, dated 03.04.2014 of Cosmos Bank, 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 03.04.2014 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 the defendant was in need of further
loan and he requested the plaintiff to advance further loan of
Rs.5,00,000/- accordingly plaintiff vide cheque No.067614, dated
23.04.2015 drawn on Cosmos Bank, Ghatkopar (West) Branch issued to
the defendant and defendant executed promissory note dated
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Sum Suit 433 of 2020 .. J/3 .. Judgment
23.04.2015 for repayment of the same. Thus plaintiff advanced an
agreegate sum of Rs.20,00,000/- as a personal loan.
5. 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 of Rs.25,000/- towards the
outstanding interest. There is interest of Rs.6,00,250.00 on the said
loan amount of Rs.20,00,000/-. The defendant has also duly confirmed
and acknowledge the receipt of said loan and part payment of interst
and outstanding amount from time to time by affixing signature on
confirmation of account.
6. It is the case of plaintiff that he 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 him 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 his 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.
7. After registration of suit, suit summons were issued to the
defendant. Defendant appeared. Thereafter, plaintiff filed Summons for
Judgment No.88/2021 same was conditionally allowed and defendant
was directed to deposit amount of Rs.5,00,000/- within a two months
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Sum Suit 433 of 2020 .. J/4 .. Judgment
from the order. Defendant failed to comply the said order. Hence, suit
proceeded ex-parte against him.
8. In order to prove his claim plaintiff filed his claim affidavit
vide Exh.5 and filed revelant document along with list Exh.6. Plaintiff in
his evidence affidavit Exh.5 reitrated the contents of the plaint Exh.1.
On perusal of Exh.8 and 9 i.e. promissory note dated 03.04.2014 and
23.04.2015 defendant agreed to repay the amount of Rs.15,00,000/-
and Rs.5,00,000/- along with rate of interest 15% per annum to the
plaintiff. The bank statement Exh.10 shows that amount of
Rs.15,00,000/- and Rs.5,00,000/- respectivelly transfer to the
defendant and same is confirmed by the defendant from the above
document it is proved that plaintiff lent amount of Rs.20,00,000/- 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.11 and Exh.14 dated
19.12.2019 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.13 and Exh.16. 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 his
documentry as well as oral evidence proved his case.
9. 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. Considering the nature of transaction
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Sum Suit 433 of 2020 .. J/5 .. Judgment
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. 433 of 2020 is partly decreed with costs.
2. The defendants do pay the sum of Rs.30,39,166/- (Rupees Thirty
Lakhs Thirty Nine Thousand and One Hundered Sixty Six 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.20,00,000/- (Rupees Twenty 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 433 of 2020 .. J/6 .. Judgment
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16.09.2023 at 04.20 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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