Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010031452020
Presented on : 12032020
Registered on: 03092020
Decided on : 18092021
Duration : Y01,M06,D6
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
COMMERCIAL SUIT NO.457 OF 2020
Yankavva Yallappa Andredi, ]
Age:45 years ]
of Mumbai an adult Indian Inhabitant, ]
having her address at Room No.3, ]
Chawl No.G/27, Matunga Labour Camp, ]
Mumbai400 019 through C.A. ]
Lakshya Yallappa Andredi ].....Plaintiff
V/s
Pradip Baban Kamble ]
AgeAdult Indian Inhabitant, working for gain ]
with B.M.C. “B” Ward, Conservancy Dept, ]
121 Ramchand Bhat Marg, Mumbai400 009 ]
Emp Code No.4488602, ]
Residing at Room No.45 ]
Shasti Nagar, Body Guard Lane, Near R.T.O. ]
Office, Tardeo, Mumbai400 034. ]......Defendant
APPEARANCE :
Ld. Adv.Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR ADHOC JUDGE
SHRI. RAJESH A. SASNE
(C.R.No.32)
DATED : 18th September, 2021.
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EXPARTE JUDGMENT
(Dictated in Open Court)
This is summary suit under Order XXXVII of the Code
of Civil Procedure, 1908 filed under the Commercial Courts Act,
2015 for recovery of amount from the defendant on the basis of
demand promissory note.
In brief, the facts of the plaintiff's case are as under :
2. The plaintiff is licensed Money Lender doing business
of money lending. On 07.06.2018, the defendant has executed the
demand promissory note in favour of the plaintiff for valuable
consideration of Rs.3,00,000/, received by the defendant from the
plaintiff. By said demand promissory note, the defendant has
promised to pay the plaintiff the sum of Rs.3,00,000/ alongwith
interest at the rate of 18% p.a. on demand at Mumbai. In spite of
repeated demands, the defendant has failed and neglected to pay
the said amount to the plaintiff. Therefore, on 10.05.2019, the
plaintiff issued legal notice to the defendant, calling upon him to
make the payments of the aforesaid amount. In spite of this, the
defendant has failed to pay the said amount. On the date of filing
of this suit, the defendant was liable to pay the amount of
Rs.3,53,704.10 to the plaintiff. To recover this amount from the
defendant, the plaintiff has filed this suit.
3. The suit is proceeded exparte against the defendant.
4. Heard the learned Advocate for the plaintiff. No
argument of the defendant. Points for determination along with
my findings thereon with reasons are as follows:
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POINTS FINDINGS
1. Whether the plaintiff proves that against the
amount received from her, the defendant for
the purpose of repayment of the same has
executed the demand promissory note for
Rs.3,00,000/?
Yes
2. What is the agreed rate of interest? @ 18% p.a.
3. Whether the defendant has failed to pay the
amount of Rs.3,00,000/ and interest
thereon?
Yes
4. What order and decree? Suit is decreed.
REASONS
AS TO POINTS NO.1 TO 3:
5. All these points are interlinked with each other, hence
they are taken together for consideration. The plaintiff in support
of her claim has examined her constituted attorney Lakshya (PW
No.1) at Exh.04. The plaintiff has relied on following documents:
1 Copy of Power of Attorney at Exh.06
2 Money Lending License at Exh.07
3 Demand Promissory Note dtd. 07.06.2018 at Exh.8
4 Copy of Form No.10 at Exh.9
5 Copy of the Demand Notice dtd. 10.5.2019 at Exh.10 colly.
6 Original Courier receipt at Exh.10 colly
7 Books of Accounts (Cash Book) at Exh.11
8 Books of Accounts (Ledger Book) at Exh.12
6. Lakshya (PW1) deposes that he is the constituted
attorney of the plaintiff. His Power of Attorney is at Exh.06. The
Power of Attorney is not disputed by the plaintiff. The contents of
the Power of Attorney shows the authority of the constituted
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attorney. Lakshya (PW1) deposes that the plaintiff is doing
business of money lending. On 07.06.2018, the defendant
approached and requested the plaintiff for financial assistance of
Rs.3,00,000/. The plaintiff gave sum of Rs.3,00,000/ to the
defendant and for that the defendant drew and delivered a
promissory note, promising to pay to the plaintiff on demand the
said amount of Rs.3,00,000/ with interest at the rate of 18% p.a.
He further deposes that on repeated demands, the defendant has
failed to repay the said amount of loan and interest thereon.
7. The copy of money lender license Exh.07 shows that
the plaintiff is registered Money Lender carrying business of money
lending. Her license is valid from 01.04.2018 to 31.03.2019. On
07.06.2018, the defendant has obtained loan from the plaintiff. On
the said date, the plaintiff was licensed money lender. The demand
promissory note Exh.08 shows that the defendant has executed
this demand promissory note in favour of the plaintiff for
Rs.3,00,000/ alongwith the interest at the rate of 18% p.a. The
copy of Form No.10, Books of accounts Exh.11 and 12 also
supports the plaintiff's case that the defendant has obtained loan of
Rs.3,00,000/ from the plaintiff. The agreed rate of interest is 18%
p.a. The legal notice Exh.10 was attempted to be served on the
defendant. It appears that the defendant has failed and neglected
to repay the amount of loan with interest. In spite of opportunity,
the defendant has failed to appear in this suit and defend the
same. The defendant has not disputed or challenged the plaintiff's
case, hence, same is required to be accepted.
8. The oral evidence of the plaintiff as well as the
documentary evidence supports the plaintiff's contention that the
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defendant has obtained loan of Rs.3,00,000/ with interest at the
rate of 18% p.a. from the plaintiff. The defendant has failed to
repay the said amount. The plaintiff has proved that for the
aforesaid amount of Rs.3,00,000/ received from the plaintiff, the
defendant has executed the demand promissory note and has
failed to repay the same. The agreed rate of interest was 18% p.a.
Hence, the plaintiff is entitled to recover the said amount
alongwith interest at the rate of 18% p.a. In the result, I answer
Points No.1 and 3 in the affirmative. As agreed rate of interest is
18% p.a., I answer point No.2 accordingly.
AS TO POINT NO.4:
9. In view of my findings recorded against point Nos.1 to
3, the suit is required to be decreed with costs. As the defendant
has compelled the plaintiff to file this suit, the defendant shall bear
costs of the suit. In the result, in answer to point No.4, I pass the
following order.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff the amount of
Rs.3,53,704.10ps (Rupees Three Lacs Fifty Three
Thousand Seven Hundred Four and Paise Ten) with
the interest at the rate of 18% per annum on the
principal amount of Rs.3,00,000/ (Rupees Three
Lacs Only) from the date of filing of suit till its
realisation.
3. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date :18.09.2021 Mumbai.
Dictated on : 18.09.2021
Transcribed on : 18.09.2021
Signed by HHJ on : 20.09.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.09.2021 at 11.25 a.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
18.09.2021
Judgment/order signed by P.O. on 20.09.2021
Judgment/order uploaded on 21.09.2021
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