Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No. 744 of 2019
MHCC010032632019
Presented on : 24-02-2019
Registered on : 18-03-2019
Decided on : 03-07-2023
Duration : 4 Yr, 4 M, 7 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.744 OF 2019
Exh. 13 .
Mr. Zore Baban Ramchandra. ]
Adult, Indian Inhabitant, Aged 55 years. ]
Room No. 02, Godavari Samir, IIT ]
Powai, Mumbai – 400 076. ] .... Plaintiff.
V/s
1.Mr. Sandesh Jaiprakash Chavan. ]
2. Tulsi Pawar. ]
Adults, Indian Inhabitant, ]
R/o. Kasabai Mhatre Chwal No. 4 ]
Room No.3, ]
Near Santoshimata Mandir, ]
Dombivali (W), Pin No. 421 201. ]….Defendants
Appearance:
Adv. M.B.Jambusaria for the plaintiff.
None for defendants.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U. C. Deshmukh.
CR No. : 59.
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Judgment in Suit No. 744 of 2019
Date : 03/07/2023
JUDGMENT
This is suit for recovery of an amount of Rs.2,49,329/- with
interest.
Brief facts of the case are as under :
2. It is the case of the plaintiff that defendant No.1 was his
friend. Hence, he became surety for his loan, obtained from Kurla Nagrik
Sahakari Bank Co-operative Limited, Kurla. Defendant has to repay the
loan in 60 EMI. However, he failed. Hence, the bank initiated action for
recovery of an amount. Accordingly, Special Recovery and Sales Officer of
Co-operative Society, Government of Maharashtra attached the salary
account of the plaintiff. The plaintiff has paid due amount of Rs.
1,00,000/- with interest on 11.07.2016.
3. It is specific contention of the plaintiff that the No Objection
Certificate (In short ‘NOC’) dated 30.06.2016 is issued by the bank
whereby it is declared that the plaintiff has fully paid the loan amount to
defendant No.1. Till 30.06.2014 an amount of Rs.81,331/- was due with
future interest at the rate of 10% p.a. On 19.07.2014, Rs. 3,000/- is paid
by the plaintiff as penalty. Thus, the plaintiff has paid an amount of Rs.
1,81,331/-
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Judgment in Suit No. 744 of 2019
4. The plaintiff specifically contends that to recover an aforesaid
amount to the plaintiff, he issued notice to defendant No.1 on 05.07.2017
& 14.06.2017. However, he failed. Hence, this suit
5. Defendant Nos. 1 is duly served with writ of summons but he
failed to appear. Therefore, the suit proceeded exparte against him vide
order dated 22.07.2019. The name of defendant No.2 is deleted as per
order dated 07.02.2020.
6. The plaintiff filed affidavit of evidence in support of his plaint.
He also filed on record documents along with the list of documents Exh.08
as follows.
Sr. No. Documents.
1. Office Memorandum.
2. Recovery Certificate dated 04.08.2014
3. Loan/Cash Credit account closing advise
dated 13.07.2016.
4. Recovery of Bank dues through salary in
r/o Shri Baban R. Zore (Driver)
5. Legal Notice dated 14.06.2017.
6. Reminder Notice dated 05.07.2016.
7. Valuation clause
8. Bank Account attach order.
9. Police complaint.
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Judgment in Suit No. 744 of 2019
9. Considering the facts, evidence and law applicable to the case,
following points arise for determination.:
Sr. No. POINTS FINDINGS
1. whether the plaintiff is entitled
to recover an amount of
Rs.2,49,329/- at the rate of
15% p.a. from the defendant.?
..Partly Yes..
with interest @
6% p.a
2. Whether the suit is within the
limitation?
..Yes..
3. What Order and Decree? Suit is decreed.
:REASON:
As to point No.1 & 2.
10. It is needless to say that as suit proceeded exparte, hence, the
pleading and evidence of the plaintiff has remained unchallenged as suit is
proceeded exparte against defendant No.1. Hence, there is no reason to
discard the case of the plaintiff. The plaintiff has filed on record the order
of Special Recovery and Sales Officer of the Co-operative Society whereby
his salary account was attached. He has also filed on record No Objection
Certificate which shows that the plaintiff has paid entire amount on behalf
of loan of defendant No.1. In view of the order dated 03.07.2014 of
Special Recovery of Sales Officer, defendant No.1 was due an amount of
Rs.81,331/- till 30.06.2014 with future interest at the rate of 15% p.a.
from 01.07.2014 to the bank.
11. The plaintiff has paid an amount of loan on 11.07.2016.
Though the plaintiff has not given specific amount which he paid, the NOC
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Judgment in Suit No. 744 of 2019
has shown that he has paid entire amount due by the defendant No.1.
Considering the order of attachment passed by The Special Recovery and
Sales Officer of Cooperative Society, it can be said that the plaintiff paid
said an amount of Rs. 81,331/- to the bank and he has also paid an
amount of Rs. 3,000/- as per the office memo given by The Special
Recovery and Sales Officer. Thus, the plaintiff has paid an amount of Rs.
84,331/-
11. The plaintiff has claimed an amount of Rs.2,49,329/- which
seems to be exaggerated amount . The plaintiff has paid Court Fees of Rs.
2,630/-. The plaintiff himself voluntarily became surety for defendant
No.1. Hence, it cannot be said that he is suffered for no fault. However,
he construed to institute the suit in spite of his notice to defendant No.1.
Therefore, it is just and proper to ask defendant No.1 to pay an amount of
Rs.10,000/- to the plaintiff against mental and physical agony which he
suffered. Thus, the plaintiff is entitled to recover an amount of Rs.
94,331/- from the defendant No.1.
12. The suit is instituted on 24.10.2019 and the plaintiff has paid
loan amount on 11.07.2016. Therefore, in view of the Article 42 of The
Limitation Act, the suit is within the limitation. Accordingly, point Nos. 1
& 2 are answered.
13. The suit of the plaintiff is going to be decreed partly. He is also
held entitled to receive an amount of Rs.10,000/- and an amount of Court
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Judgment in Suit No. 744 of 2019
Fees paid. Hence, no separate costs needs to be imposed upon the
defendant No.1. Hence, to answer point No. 3 following order is passed:-
ORDER
1 Suit No. 744 of 2019 is decreed with costs as under :
2. Defendant No.1to pay an amount of Rs. 94,331/- (Rs. Ninety
Four Thousand Three Hundred Thirty One only) at the rate of
6% p.a. from the date of the suit till its realization.
3. Defendant No.1 to pay aforesaid decreetal amount within 2
months of the order.
4. Both the parties bear their own costs.
5. Suit is dismissed against defendant No.2.
6. Decree be drawn up accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:03.07.2023 Greater Bombay (CR 59)
Declared on : 03.07.2023
Dictated on : 03.07.2023
Transcribed on : 21.07.2023
Checked on : 24.07.2023
Signed on :
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Judgment in Suit No. 744 of 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
01.08.2023 at 2.45 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 03.07.2023
Order signed by P.O. on 01.08.2023
order uploaded on 01.08.2023
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