Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010035652020
Presented on 16-07-2020
Registered on 22-10-2021
Decided on 10-06-2024
Duration Year Month Days
03 10 25
CNR No. MHCC010035652020
EXH.10
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.900 OF 2021
Gangaram Malku Gadge,
Age 65 years, of Mumbai an adult Indian
Inhabitant having his address at Room
No.11, Stany Welfare Housing Society,
Opp. Building No.16, Wadia Estate,
Bail Bazar, Kurla (West),
Mumbai – 400 070. ...Plaintiff.
V/s.
Sumit Ravindra Kadam,
of Mumbai an adult Indian Inhabitant
working for gain Municipal Corporation
of Greater Mumbai, Conservancy Department,
"L" ward, S.G. Barve Road, Kurla (West),
Mumbai - 400 070, Emp Code No.4158660
and residing at Bhimsena Mitramandal,
Bldg. No.14, Dr. Ambedkar High School,
behind College, P.L. Lokhande Marg,
Chembur, Mumbai – 400 089. ...Defendant.
M
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Suit 900 of 2021 .. J/2 .. Judgment
Appearances:
Ld. Adv. Ramesh Jain for plaintiff.
None present for defendant.
CORAM : HIS HONOUR JUDGE
SHRI V. S. KHOT
(C.R.No.83)
DATED : 10th June, 2024
J U D G M E N T
(Ex-parte)
1. This suit has been instituted for recovery of money.
2. The facts giving rise to the institution of the suit can be
epitomised as under:
The plaintiff is a resident of Mumbai, an adult Indian
inhabitant, doing business of money lending in the Mumbai City. The
plaintiff is having license allowing him to do the money lending
business. The defendant is also a resident of Mumbai, an adult Indian
inhabitant. He works for gain and residing within the territory of
Mumbai City. On 27.04.2017 the defendant approached to the plaintiff
and took the hand loan of Rs.1,00,000/- and executed a Demand
Promissory Note in favour of the plaintiff for valuable consideration of
Rs.1,00,000/- with 18% interest per annum. The defendant received
the amount but failed to return the same to the plaintiff. The plaintiff
from time to time demanded the amount to the defendant but
defendant did not return the same. The plaintiff after waiting sufficient
time, issued a letter dated 15.02.2020 and demanded the payment
within the period of 48 hours from the receipt of the letter. The plaintiff
owns Rs.1,53,457.53 paise from defendant. The plaintiff has to recover
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Rs.1,00,000/- as principal amount alongwith interest at the rate of 18%
per annum which comes to the tune of Rs.53,457.35 paise. The
plaintiff filed this suit for payment of money as defendant failed to pay
the amount. The cause of action arose at Mumbai and this Court is
having territorial and pecuniary jurisdiction to entertain the claim. The
plaintiff prayed for the decree of Rs.1,53,457.53 paise alongwith future
interest.
3. The summons came to be issued to the defendant and
defendant received the same vide Exh.4 on 08.04.2022. The defendant
did not turn up to the Court after receiving the summons. The Court
therefore, proceeded the matter ex-parte. The plaintiff in order to
prove the claim examined one witness i.e. Priya Dhuri of Mumbai, a
Power of Attorney holder. The plaintiff filed pursis closing evidence
vide Exh.9. The matter is proceeded ex-parte, so there is no evidence
on behalf of the defendant. The matter came to be culminated with the
arguments of plaintiff side.
4. In view of the pleadings and documents filed the following
points arose for my determination and I have recorded my findings
subject to the reasons mentioned hereinafter.
Sr.
No.
Points Findings
1. Whether the plaintiff proves that the defendant
took the hand loan of Rs.1,00,000/- alongwith
interest of 18% per annum and executed
promissory note dated 27.04.2017 ?
In the
affirmative.
2. Whether the plaintiff proves that the defendant
failed to pay the amount?
In the
affirmative.
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Suit 900 of 2021 .. J/4 .. Judgment
3. Whether the plaintiff is entitled to the decree of
refund of Rs.1,00,000/- alongwith interest ?
In the
affirmative.
4. What order and decree ? As per final
order
REASONS
As to point No.1 to 4.
5. The suit has been instituted by the plaintiff, so naturally
burden of proof under Section 101 of Indian Evidence Act, lies upon
him and in order to discharge the said burden the plaintiff examined
one witness for him and relied on the promissory note Exh.(A), letter
issued by plaintiff's advocate Exh.(B) etc. The proceedings went ex-
parte therefore, there is no evidence on behalf of the defendant. The
Plaintiff argued his case.
6. The plaintiff exmined P.W.1 Mrs. Priya Dhuri on his behalf
who deposed that she know the defendant personally and on
27.04.2017 the defendant took Rs.1,00,000/- from the plaintiff with
interest of 18% per annum and executed a Demand Promissory Note.
The defendant failed to pay the amount therefore, plaintiff issued one
letter dated 15.02.2020. Even after receiving the letter, the defendant
did not pay the amount. The plaintiff left with no alternative but to
knock the doors of the Court. The plaintiff side relied and proved the
Demand Promissory Note, dated 27.04.2017 and letter, dated
15.02.2020.
7. The evidence of P.W.1 clearly shows that the defendant
approached to the plaintiff for the payment of Rs.1,00,000/- and
executed demand promissory note vide Exh.7. The plaintiff also issued
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letter vide Exh.8 for payment but inspite of letter the defendant failed
to pay the amount. The plaintiff is a registered money lender and he
does the business of money lending. The defendant inspite of letter and
summons of the Court failed to pay the amount. He failed to turn up to
the Court which ultimately shows that he is having no defence to
submit. The suit is liable to be decreed with costs. The plaintiff has
claimed Rs.1,53,457.53 paise. The plaintiff has paid Rs.1,00,000/- as
hand loan to the defendant with interest at the rate of 18% per annum.
The plaintiff has claimed the pre suit interest which comes to the tune
of Rs.53,457.53 paise. Normally the pre suit interest can be given if
there is agreement to with effect. If the Exh.7 is perused then there is
no clear understanding regarding pre suit interest. In such
circumstances, the pre suit interest can't be given. The citation of
Secretary/ General Manager Chenai Central Co-operative Bank Ltd Vs.
S. Kamala Vani Speaks the same thing. The plaintiff is entitled to the
refund of loan amount. The plaintiff is entitled for interest pendente
lite and future interest on the decreetal amount. The plaintiff has
claimed 18% per annum interest but looking to the current Bank loan
interest rates the interest at the rate of 12% per annum would meet the
ends of justice. The plaintiff is entitled for interest pendente lite and
furture interest at rate of 12% p.a.. In view of reasoning I recorded my
findings to the points. The plaintiff is also entitled to the costs of the
litigation as winning party is entitled to the costs. Having regard to the
aforesaid reasons, I am inclined to pass following order resulting in
decreeing the suit.
ORDER
1. The Summary Suit No.900 of 2021 stands decreed with costs.
2. The defendant shall pay the amount of Rs.1,00,000/- (Rupees One
Lakh only) to the plaintiff with interest at the rate of 12 percent per
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annum from the date of institution of the suit till the date of decree and
also thereafter till receiving the decreetal amount.
3. The defendant to pay the costs to the plaintiff.
4.The decree be drawn up accordingly.
5. R and P be sent to Record Department.
( Shri. V. S. Khot )
Judge, (C.R.No.83)
Dt.: 10-06-2024 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 10-06-2024
Transcribed on : 11-06-2024
checked on : 12-06-2024
Signed on : 13-06-2024
( Shri. V. S. Khot )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.06.2024 at 04.30 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri V. S. Khot
(COURT ROOM NO.83)
Date of pronouncement of judgment/
order
10.06.2024
Judgment/order signed by P.O. on 13.06.2024
Judgment/order uploaded on
due to close of cis.
13.06.2024
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