Final Order 1

Order Details: Ex-parte Judgement
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MHCC010034532020 Presented on : 18-06-2020
Registered on : 02-02-2021
Decided on : 29-04-2022
Duration : Y M D
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BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.376 OF 2021
SUMMARY SUIT NO.67 OF 2021
Ex.06
Pravinkumar Devichand Huf
Through its Karta and Manager
Pravinkumar Devichand Jain, Age 60 years,
of Mumbai, an adult Indian
having address at 294/A, Govindwadi, 2nd
Floor, Kalbadevi Road, Mumbai02
VERSUS
Kavya Buildcon Private Limited
A Company Registered under the Companies
Act 1956 Having its address at Ground Floor,
Rosewood Chamber, Next to Rosewood
Hotel, Tulsiwadi Tardeo, Mumbai34 and
also at 81, Bharat Mahal Building 23/D,
Dongershi Road, Mumbai400 006.
..Plaintiff
..Defendant
_____________________________________________________
Ld. Advocate Ramesh Jain for plaintiff.
DefendantEx parte.
______________________________________________________
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JUDGMENT
(29 th April, 2022)
Summary suit is filed for recovery of an amount of
Rs. 8,09,188.38/ alongwith future interest.
Plaintiff's case, is as under:
2. Defendant is a company registered under the
Companies Act, 1956. Plaintiff is the Karta and Manager of
Pravinkumar Devichand HUF. On 18/04/2012, plaintiff advanced
business loan of Rs.5 lacs to defendant by issuing a cheque
bearing No.496402 dated 18/04/2012 drawn on State Bank of
Bikaner and Jaipur, Kanchara Chawl branch, Mumbai. Defendant
agreed to pay interest at the rate of 1.00% p.m. Defendant paid
agreed interest till 31/03/2015. Plaintiff vide letter dated
01/04/2015, requested defendant to transfer said amount from
01/04/2015 in the name of Proprietor Pravinkumar Devichand
HUF. Defendant accordingly transferred the same. Thereafter,
defendant requested plaintiff to wait for some time and assured
that it will pay the amount together with interest. Defendant
issued Confirmation of Accounts for the period from 01/04/2016
to 31/03/2017. However, it failed to pay the amount as agreed.
Plaintiff issued a notice dated 07/03/2020 through advocate,
calling upon defendant to pay the outstanding amount. However,
defendant failed to pay the said amount. An amount of
Rs.8,09,188.38/ is outstanding against defendant. Hence, this
suit.
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3. As per Service Affidavit (Ex.3), defendant is duly
served with writ of summons. But, defendant failed to appear
before the Court. Therefore, suit proceeded without appearance
of defendant as per order dated 29/03/2022.
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.8,09,188.38/ is
outstanding against defendant?
Proved
2. What order? Suit is partly
decreed as per final
order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff tendered
claim affidavit at Ex.4 and relied upon documents filed below list
Ex.5. Plaintiff Pravinkumar Devichand reiterated, all the facts
pleaded in the plaint, in his evidence affidavit. Plaintiff
Pravinkumar testifies that on 18/04/2012, he advanced business
loan of Rs.5 lacs to defendant by issuing a cheque bearing
No.496402 dated 18/04/2012 drawn on State Bank of Bikaner
and Jaipur, Kanchara Chawl branch, Mumbai. Defendant agreed
to pay interest at the rate of 1.00% p.m. Defendant paid agreed
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interest till 31/03/2015. He vide letter dated 01/04/2015,
requested defendant to transfer the said amount from
01/04/2015 in the name of Proprietor Pravinkumar Devichand
HUF. Accordingly, defendant transferred the same. Original
documents filed on record show that defendant issued
Confirmation of Accounts for the period from 01/04/2012 to
31/03/2013, 01/04/2013 to 31/03/2014, 01/04/2014 to
31/03/2015 , 01/04/2015 to 31/03/2016 and 01/04/2016 to
31/03/2017 and acknowledged the debt. Thus, plaintiff's claim is
well supported by original documents filed on record. Plaintiff
claimed interest at the rate of 1.00% p.m. It is an agreed rate of
interest. By applying agreed rate of interest, plaintiff claimed an
amount of Rs.8,09,188.38/. Plaintiff is entitled for the same.
Thus, plaintiff has succeeded to prove that an amount of
Rs.8,09,188.38/ is outstanding against defendant. Point No.1 is
answered accordingly. In the result, following order:
ORDER
1. Commercial Suit No.376 of 2021 is partly decreed
with costs.
2. Defendant shall pay an amount of Rs.8,09,188.38/
(Rupees Eight Lacs Nine Thousand One Hundred Eighty
Eight and Paise Thirty Eight only) alongwith interest @
12% p.a. on the principal amount of Rs.5,00,000/ to
plaintiff from the date of the suit till it's realization
within two months.
3. Court fees be refunded as per (E) Rules framed under
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Section 11(2) of the Bombay City Civil Court Act, 1948,
for the refund of Institution Fee.
4. Decree thus follow.
29/04/2022 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 29/04/2022
Transcribed on : 29/04/2022
Signed on : 29/04/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
30/04/22 at 04.40 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 29/04/22
Judgment and order signed by P.O. 29/04/22
Judgment/order uploaded on 30/04/22
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