Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit No. 602/19. 1 Ex-parte Judgment (Exh.20).
MHCC010049642019
Presented on : 04-05-2019
Registered on : 12-06-2019
Decided on : 29-07-2022
Duration : 3 years, 2 months, 25 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMARY SUIT NO. 602 OF 2019
EXHIBIT NO.20.
Prafulla Prakash Shah, )
Age about 67 years, )
Occupation : Housewife )
T1, 3303, Crescent Bay, )
Jerbai Wadia Road, )
Bhoiwada, Parel, )
Mumbai – 400 012 )...Plaintiff
Versus
Rajesh Nandlal Shrimanker, )
Sole proprietor of, )
M/s Nikki Branzco Industries, )
Age not known )
Occupation : Business )
712, Everest, 7 th Floor, )
156, Tardeo Road, )
Mumbai – 400 034 )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 29th JULY, 2022.
Shri Reuben Baker h/f Shri Mehul Shah, Advocate for the plaintiff.
Defendant (Exparte).
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Summary Suit No. 602/19. 2 Ex-parte Judgment (Exh.20).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is wife and legal heir of Late Prakash
Shah who expired on 08/08/2017. Late Prakash Shah had given
friendly loan of Rs.25,00,000/ to the defendant. The defendant had
executed Promissory Note on 03/09/2013 promising to pay
Rs.25,00,000/ to the plaintiff's husband or survivor with interest
thereon at the rate of 12% p.a. until payment. The defendant had paid
interest regularly during 2013 to 2017. The defendant failed and
neglected to pay the amount inspite of repeated demands. The
defendant had paid Rs.7,50,000/ by cheque no. 80 dated 23/02/2017
drawn on Bank of Baroda, Tardeo Branch. Another cheque of
Rs.2,50,000/ was issued to the plaintiff's husband. The plaintiff sent
the letter dated 10/10/2018 demanding balance principal amount of
Rs.17,50,000/with accrued interest of Rs.6,41,500/. The defendant
received the notice as per acknowledgement, but he failed to comply.
Hence, the plaintiff sought relief of recovery of Rs.25,09,445.21
(principal amount plus interest at the rate of 12%) with further interest
at the rate of 18% p.a. from the date of suit till its realization with cost.
3. Writ of summons as per Order XXXVII Rule 2(2) of the CPC
was served upon the defendant as per affidavit of service (Exh.7), but
the defendant failed to appear within ten days from the date of service.
Therefore, my learned Predecessor passed the exparte order against
him on 13/12/2019.
4. PW 1 Prafulla deposed on evidence affidavit (Exh.8) and
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Summary Suit No. 602/19. 3 Ex-parte Judgment (Exh.20).
proved documents filed with list of documents (Exh.9) and they are
marked as Exh.10 to 18. Heard learned counsel Reuben Baker for the
plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.25,09,445.21 ? If yes, at what
rate of interest ?
In the Affirmative.
With interest on
principal amount @
12% p.a.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is partly decreed.
REASONS
AS TO POINTS NO.1 AND 2 :
6. Contents in evidence affidavit (Exh.8) filed by witness
Prafulla Shah reveals that the defendant had taken loan as per
Promissory Note (Exh.11) and amount of Rs.25,00,000/ was
transferred in the account of the defendant as per bank statement
(Exh.12). Similarly, bank statement (Exh.13) reveals payment of
interest by the defendant. Similarly, payment of Rs.7,50,000/ as per
cheque (Exh.14) is an admission of liability by the defendant. Letter
(Exh.16) and acknowledgement (Exh.17) are sufficient to show that the
defendant neither deny the liability nor make the payment after
receiving the letter. The defendant has avoided to participate in the suit
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Summary Suit No. 602/19. 4 Ex-parte Judgment (Exh.20).
proceeding and to contest the matter. Evidence of the plaintiff is
unchallenged and there is no reason to disbelieve the same. The
plaintiff has proved her case to the extent of claim amount.
7. So far as interest is concerned, it can be awarded on the
principal amount at agreed rate of 12% p.a. as mentioned in Promissory
Note (Exh.11). For all above discussion, the suit is liable to be decreed
with costs with variation in interest rate as discussed above.
Accordingly, I record my findings as to Point No.1 in the affirmative
with further interest on principal amount at the rate of 12% p.a. Hence,
I pass the following order :
ORDER
1. Summary Suit No. 602/2019 is partly decreed.
2. The defendant is directed to pay amount of
Rs.25,09,445.21 (Rupees Twentyfive Lakhs Nine Thousand
Four Hundred Fortyfive and Paise Twentyone Only) to the
plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 12%
p.a. on the principal amount of Rs.17,50,000/ to the
plaintiff from the date of filing of the suit till its realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge, City Civil Court,
(Court Room No.66)
Date : 29/07/2022. Mumbai.
1. Dictated online on : 29/07/2022.
2. Signed on : 29/07/2022.
3. Delivered to Certified :
Copy Section on
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Summary Suit No. 602/19. 5 Ex-parte Judgment (Exh.20).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/07/2022. 5.22 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 29/07/2022.
Judgment/Order signed by P.O. on 29/07/2022.
Judgment/Order uploaded on 30/07/2022.
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