Final Order 1

Order Details: Ex-parte Judgement
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MHCC010034572020 Presented on : 18-06-2020
Registered on : 18-01-2021
Decided on : 21-12-2021
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.375 OF 2021
(SUMMARY SUIT NO.37 OF 2021)
Ex.05
Neelamben Jayantilal Jain
Age years, of Mumbai an
adult Indian Inhabitant
Carrying on as Sole Proprietor in
the name and style of R. Jayantilal
at and from 294/A, Govindwadi,
2nd Floor, Kalbadevi Road, Mumbai02. ..Plaintiff
VERSUS
1. Shreepati Investments
A firm having its address at 401,
Shreepati Arcade, 4th Floor,
August Kranti Marg, Nana Chowk,
Mumbai36.
2. Mr.Rajendra R. Chaturvedi
Age and full name not known an
adult Indian Inhabitant being the
Proprietor of Shreepati Investment(RRC)
having his 401 Shreepati Arcade, 4th Floor
August Kranti Marg, Nana Chowk
Mumbai36 ..Defendants
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__________________________________________________________
Ld. Advocate Ramesh Jain for plaintiff.
Defendants Exparte._______________________________________
JUDGMENT
(Dated this 22nd day of December, 2021)
1. Suit is for recovery of an amount of
Rs.15,89,021.63/ with interest @ 12% p.a.
2. Relevant facts in the plaint may be summarized as
under:
Plaintiff is carrying on business as sole proprietor of
'M/s. R.Jayantilal'. Defendant No.1 is a partnership firm.
Defendant No.2 is a partner of defendant No.1firm. Defendant
No.2 approached plaintiff for financial assistance. Plaintiff issued
cheque of Rs.10 lacs bearing No.373065 dated 13/03/2012
drawn on State Bank of Bikaner and Jaipur, Kalbadevi Road,
Mumbai. Receipt of said amount is acknowledged by defendants
by issuing receipt dated 13/03/2012. Plaintiff further submits
that defendants agreed to pay interest at the rate of 12% p.a.
Defendants paid the interest from time to time. Defendant No.1
informed plaintiff that pursuant to proposed conversion of
partnership firm i.e. defendant No.1 into a company, ' Shreepati
Build Infra Investment Limited' , plaintiff's credit balance/loan
account in the books of Shreepati Investments (partnership firm)
is transferred to and accepted by partner i.e. defendant No.2 in
his individual capacity under the trade name M/s. Shreepati
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Investment (RRC).Defendants issued Confirmation of Account for
the period from 01/04/2011 to 31/03/2015 and lastly from
01/04/2016 to 31/03/2017 on 01/04/2017 after adding the
agreed interest as stated hereinabove. Defendants failed to pay
the outstanding amount to plaintiff. Hence, plaintiff issued notice
dated 03/03/2020 through his advocate calling upon defendants
to pay the amount. However, defendants failed to make the
payment. Hence, this suit.
3. Suit summons were duly served to defendants as per
service affidavit(Ex.2). Defendants failed to tender their
appearance. Therefore, suit proceeded without appearance of
defendants by order dated 23/09/2021.
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.15,89,021.63/ is
outstanding against the
defendants?
Proved
2. What order? Suit is decreed as per
final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff filed claim
affidavit of PW1, Neelamben Jayantilal Jain (Exh.3). She
reiterated all the facts pleaded in the plaint. She testifies that she
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gave financial assistance of Rs.10 lacs to defendant by cheque
dated 13/03/2012 drawn on State Bank of Bikaner & Jaipur,
Kalbadevi Road, Mumbai. Defendant No.2 had signed and
confirmed the said receipt. Defendant also issued Confirmation
of Accounts for the period from 01/04/2011 to 31/03/2015 and
lastly on 01/04/2017 for the period from 01/04/2016 to
31/03/2017. Plaintiff has also filed on record list of
documents(Ex.4).
7. The claim affidavit is well supported by original
documents filed on record. The documents show defendant
acknowledged receipt of an amount on 13/03/2012. Defendants
also issued Confirmation of Accounts time to time. However,
defendants failed to repay the outstanding amount.
8. As discussed supra, the defendants failed to appear.
The suit claim is supported by original documents. From the
plaintiff's claim affidavit and documents it can be inferred that an
amount of Rs.15,89,021.63/ is outstanding against the
defendants. Therefore, plaintiff is entitled to get decree for the
said amount as per Order 37 Rule 3 of C.P.C.
9. Plaintiff is claiming interest at the rate of 12% p.a.
The said rate of interest is interest agreed by defendant as per
Confirmation of Accounts filed on record. Therefore, plaintiff is
entitled to get interest at the rate of 12% p.a. as prayed for.
Plaintiff has succeeded to prove that an amount of
Rs.15,89,021.63/ is outstanding against defendants and
therefore, she is entitled to get said amount with 12% interest.
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Point No.1 is answered accordingly. In the result, following
order:
ORDER
1. Suit is decreed with costs.
2. Defendants shall pay an amount of Rs.15,89,021.63/
(Rs. Fifteen Lacs, Eighty Nine Thousand, Twenty One
and Sixty Three Paise only) alongwith future interest @
12% p.a. on principal amount of Rs.10,00,000/ 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
Section 11(2) of the Bombay City Civil Court Act, 1948,
for the refund of Institution Fee.
4. Decree thus follow.
21/12/2021 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 21/12/2021
Transcribed on : 22/12/2021
Signed on : 23/12/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
23/12/21 at 05.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 21/12/21
Judgment and order signed by P.O. 23/12/21
Judgment/order uploaded on 23/12/21
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