Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 44/19. 1 Ex-parte Judgment.
MHCC010055402019
Presented on : 04-06-2019
Registered on : 04-07-2019
Decided on : 06-02-2021
Duration : 1 years, 8 months, 2 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 44 OF 2019
Exh.12.
Shripalkumar Milapchandji, Age 55 Yrs., )
of Mumbai, an adult Indian inhabitant, )
having his address at 19/21, 3rd Agiary Lane, )
3rd Floor Nasta Galli, Zaveri Bazar, )
Mumbai – 400 002 )...Plaintiff
Versus
Mrs. N.Poongothai, Age not known, )
an adult Indian inhabitant having her )
address at C/O. New Devi Silk House, )
73, Kadai Veedhi-Trikkattpalli, Dist : Thanjarur, )
Tamilnadu )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 6th FEBRUARY, 2021.
Mr. Ramesh Jain, Advocate for Plaintiff.
None for Defendant. (Ex-parte).
EX-PARTE JUDGMENT
This is a suit for recovery of Rs.6,09,095.89 (Rupees Six
Lakhs Nine Thousand Ninety-five and Paise Eighty-nine Only) with
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Comm.Suit No. 44/19. 2 Ex-parte Judgment.
further interest at the rate of 24% p.a. This is a suit for recovery of
business loan.
Plaintiff’s case is narrated as follows :
2. Plaintiff knows the defendant since long. Defendant
approached the plaintiff for having assistance by way of business loan.
At the request of defendant, plaintiff has transferred the amount of
Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) on 24/12/2013,
Rs.50,000/- (Rupees Fifty Thousand Only) on 24/12/2013,
Rs.1,00,000/- (Rupees One Lakh Only) on 01/02/2014, Rs.1,00,000/-
(Rupees One Lakh Only) from DCB Bank. In total, plaintiff has
transferred the amount of Rs.4,00,000/- (Rupees Four Lakhs Only) by
NEFT in the account of defendant. It was agreed to repay the loan
amount with interest at the rate of 24% p.a. Defendant has paid the
interest upto 31/10/2016. The last entry received by the plaintiff is
dated 20/04/2017. Thereafter defendant is failed to repay the interest.
Plaintiff issued a legal notice through advocate on 06/11/2018.
Defendant replied the notice through advocate on 14/11/2018.
Defendant failed to repay the loan. Hence, this suit.
3. In view of service affidavit vide Exh.5, summons is duly
served on defendant. Defendant is failed to appear. Hence, suit is
proceeded ex-parte against the defendant.
4. PW 1 Shripalkumar supported the plaint with evidence
affidavit vide Exh.6. Statement of truth is annexed alongwith Exh.6. In
view of bank pass-book collectively marked as Exh.8, reveal transfer of
amount of Rs.4,00,000/- (Rupees Four Lakhs Only) in total by NEFT
from plaintiff to the account of defendant. It is admitted by the plaintiff
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Comm.Suit No. 44/19. 3 Ex-parte Judgment.
that he has received the interest upto 31/10/2016. In view of
particulars of plaintiff’s claim vide page no.15 of the plaint, plaintiff has
claimed the interest from 01/11/2016 upto date of filing suit at the rate
of 24%, in total Rs.6,09,095/- (Rupees Six Lakhs Nine Thousand
Ninety-five Only). Absence of defendant infers that she admits the suit
claim.
5. Perused notice issued by the plaintiff vide Exh.9 on
06/11/2018. Perused reply of defendant vide Exh.10. It is mentioned
in reply para 2 that defendant has received one notice prior to the
impugned notice, it was replied by the defendant on 14/04/2018.
However, both these documents are not produced by either side. In
para 3 of the reply, it is mentioned that it was the business transaction
but no interest was agreed between them. It is added that entire
account was settled and nothing remain due towards the defendant. It
is also added that it is a time barred debt.
6. However, defendant is failed to appear before the Court to
clarify the stand raised by the defendant in reply vide Exh.10 dated
14/11/2018. On perusal of bank statement annexed by plaintiff vide
Exh.8, there appears to be different entries of the interest from 2014
upto 2017. It appears from the reply that loan account was accepted
and it reflects from account extract that interest was regularly deposited
by the defendant. In short, suit deserves to be decreed.
7. The interest claimed at the rate of 24% p.a. appears to be
exorbitant. There is no document between the parties about agreed
rate of interest. Considering entire facts on record, the interest at the
rate of 12% p.a. appears justifiable. Hence, the order :
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Comm.Suit No. 44/19. 4 Ex-parte Judgment.
- ORDER -
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.6,09,095/- (Rupees
Six Lakhs Nine Thousand Ninety-five Only) with interest @
12% p.a. from the date of suit till realization, within two
months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 06/02/2021. Mumbai.
1. Dictated on : 06/02/2021.
2. Transcribed on : 11/02/2021.
3. Signed on : 11/02/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/02/2021. 5.15 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 06/02/2021.
Judgment/Order signed by P.O. on 11/02/2021.
Judgment/Order uploaded on 15/02/2021.
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