Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.818/2018
Received on : 19.04.2018
Registered on : 08.08.2018
Decided on : 01.04.2019
Duration : Y M D
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 818 OF 2018
CNR NO.: MHCC010052822018
Mr. Revensidhu Anappa Madgunde
Aged 35 years, of Mumbai, Indian
inhabitant, residing at Room No.151/41,
KOD Chawl, Palwadi X Line, Indira Nagar Cross
Road, Dharavi 60 Feet Road, Mumbai – 400 017. ...Plaintiff
Versus
Mr. Suresh Annarao Vitkar
Age adult,
of Mumbai, Indian Inhabitant, having his office
address at S.W.M. Department, “M” Ward,
Near Natraj Cinema, Chembur (East), Mumbai – 400 071. ...Defendant.
Appearances:
Advocate Mr. Bharat A. Punekar for the Plaintiff.
Defendant Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 1st APRIL, 2019.
[ J U D G M E N T ]
Allegations of plaintiff in short is as under :
1. Plaintiff has stated that the defendant was in need of money and
therefore the defendant had approached him to avail the loan facility
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from him for the sum of Rs.4,00,000/. Plaintiff has further stated that
he had accordingly executed the Promissory Note alongwith the
Agreement both dated 30th November, 2016. Plaintiff has further stated
that after execution of necessary document, he has accordingly given a
loan of Rs.4,00,000/ to the defendant in cash. Plaintiff has further
stated that as per the Agreement it was agreed that the defendant
would return the said amount with the interest at rate of 14% per
annum as per the Agreement. Plaintiff has further stated that as per the
agreement it was agreed between him and defendant that every month
the defendant will pay Rs.11,333/. Plaintiff has further stated that
since the defendant has availed the loan facility from him the defendant
has not paid the single penny to him as agreed. Plaintiff has further
stated that as per the said Agreement it was also agreed that in case the
three consequential default he is entitled to recover the said amount @
14% per annum.
2. Plaintiff has further stated that he was continuously following up
with the defendant to recover the money, but the defendant have failed
and neglected to make the payment and therefore he has issued a
Notice of Demand through his Advocate on 24th January, 2018 calling
the defendant to make the payment. Plaintiff has further stated that by
mistakenly the date on the Notice was wrongly mentioned as 24th
January, 2017 but the said Notice was actually sent on 24th January,
2018. Plaintiff has further stated that the defendant has duly served
with the copy of the said Notice of Demand. Plaintiff has further stated
that he gave the defendant a chance to repay the said amount.
However, they failed to do so, and accordingly the defendant have
become bound and liable to refund the said amount of Rs.4,95,700/
towards the amount due and payable alongwith the interest at the rate
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of 14% p.a. on the principal amount of Rs.4,00,000/ from date of
taking the loan i.e. 30th November, 2016 and further interest at the rate
of 14% p.a. from the date of the filing of the suit till payment thereof.
Plaintiff has further stated that he is entitled for a decree from this
Court, thereby declaring that the defendant is bound and liable to pay
to him a sum of Rs.4,95,700/ towards the amount due and payable
alongwith the interest at the rate of 14% p.a. on the principal amount of
Rs.4,00,000/ from date of taking the loan i.e. 30 th November, 2016 and
further interest at the rate of 14% p.a. from the date of the filing of the
suit till payment thereof as per the particulars o claim. Therefore,
plaintiff filed the present suit.
3. Defendant failed to appear in the suit, therefore, suit has
proceeded exparte against him.
4. Heard the Ld. Advocate for the plaintiff.
5. Following points arise for determination and their findings
followed by reasons are as stated below.
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
amount of Rs.4,95,700/ from
defendant along with interest @ 14%
p. a. on the principal sum of
Rs.4,00,000/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
6. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.5. Plaintiff relied upon the following documents as
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documentary evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Photocopy of the said License issued under the
provision of Money Lender Act, 1946.
2. Exh.8 Promissory Note along with the Agreement both
dated 30th November, 2016.
3. Exh.9 Photocopy of the said Identity Card issued by the
Municipal Corporation, Election Card, Pan Card,
Aadhar Card and Salary Slip of the defendant.
4. Exh.10 Original office copy of the said Notice dated 24th
January, 2018 with original Registered A.D.
Card.
AS TO POINT NOS. 1 AND 2:
7. Plaintiff has filed evidence below Exh.5 in the form of affidavit
and stated that the defendant was in need of money and therefore the
defendant had approached him to avail the loan facility for the sum of
Rs.4,00,000/. Plaintiff has further stated that he had accordingly
executed the Promissory Note alongwith the Agreement both dated 30th
November, 2016. Plaintiff has further stated that after execution of
necessary document, he has accordingly given a loan of Rs.4,00,000/
to the defendant. Plaintiff has further stated that as per the Agreement
it was agreed that the defendant would return the said amount with the
interest at rate of 14% per annum as per the Agreement. Plaintiff has
further stated that as per the agreement it was agreed that the
defendant will pay a sum of Rs.11,333/ every month to him. Plaintiff
has further stated that since the defendant has availed the loan facility
from him, and the defendant has not paid the single penny to him as
agreed. Plaintiff has further stated that as per the said Agreement it was
also agreed that in case the three consequential default he is entitled to
recover the said amount @ 14% per annum.
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8. Plaintiff has further stated that he was continuously following up
with the defendant to recover the money, but the defendant have failed
and neglected to make the payment and therefore he has issued a
Notice of Demand through his Advocate on 24th January, 2018 calling
the defendant to make the payment. Plaintiff has further stated that by
mistakenly the date on the Notice was wrongly mentioned as 24th
January, 2017 but the said Notice was actually sent on 24th January,
2018. Plaintiff has further stated that he gave a chance to defendant to
repay the said amount. However, they failed to do so, and accordingly
the defendant have become bound and liable to refund the said amount
of Rs.4,00,000/ alongwith the interest at the rate of 14% p.a. on the
principal amount of Rs.4,00,000/ from date of taking the loan i.e. 30 th
November, 2016 i.e. Rs.95,700/ and further interest at the rate of 14%
p.a. from the date of the filing of the suit till payment thereof. Plaintiff
has further stated that he is entitled for a decree from this Court,
thereby declaring that the defendant is bound and liable to pay to him a
sum of Rs.4,95,700/ towards the amount due and payable alongwith
the interest at the rate of 14% p.a. on the principal amount of
Rs.4,00,000/ from date of taking the loan i.e. 30 th November, 2016 and
further interest at the rate of 14% p.a. from the date of the filing of the
suit till payment thereof as per the particulars of claim.
9. Plaintiff has also produced Photocopy of the said License issued
under the provision of Money Lender Act, 1946, Promissory Note
alongwith the Agreement, Photocopy of the said Identity Card issued by
the Municipal Corporation, Election Card, Pan Card, Aadhar Card and
Salary Slip of the defendant and Original office copy of the said Notice
dated 24th January, 2018 with original Registered A.D. Card on record
as documentary evidence. Defendant has failed to challenge all the
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averments in the plaint and evidence of plaintiff. The oral evidence of
plaintiff is corroborated by documentary evidence. Due to all these
circumstances, plaintiff has proved that he is entitled to get sum of
Rs.4,95,700/ from the defendant.
10. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendant to give interest @ 9% p.a. on the
amount of Rs.4,00,000/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay amount of Rs.4,95,700/ to
plaintiff along with interest @ 9% p.a. on the on the principal
sum of Rs.4,00,000/ from the date of filing of the suit till its
realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 01.04.2019. City Civil Court,
Gr. Bombay.
Dictated on : 01.04.2019
Transcribed on : 01.04.2019
Signed on : 01.04.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24.04.2019 At 5:39 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
01.04.2019
Judgment/Order signed by P.O. on 01.04.2019
Judgment/Order uploaded on 24.04.2019
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