Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Commercial Suit No. 43 of 2019
Received on : 04.06.2019
Registered on : 04.07.2019
Decided on : 25.02.2020
Duration : Y M D
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO. 43 of 2019
CNR NO. : MHCC01-005630-2019
Ambalal Sardarmalji Chowhan
Age 65 years, of Mumbai,
an adult Indian having his address
at Megha Apartment,
B wing, 5th Floor, Block No. 502,
Gunpoder Road, Mazgaon,
Mumbai – 400 010. ...Plaintiff
Versus
Ashok D. Shah
Age and full name not known,
of Mumbai an adult Indian inhabitant,
having his address at 107/501,
Shreejikiran, M.G.L.T., Cross Road
No.6, Goregaon (West), Mumbai. ...Defendant
Appearances:-
Mr. Ramesh Jain, advocate for the Plaintiff.
Defendant Ex-parte.
CORAM : SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATED : 25th FEBRUARY 2020
SUIT FOR RECOVERY OF RS. 7,31,301.36/-
J U D G M E N T
1. The plaintiff has filed the suit against the defendant for
recovery of Rs.7,31,301.36/- and further interest on Rs. 5,00,000/-
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at the rate of 12% per annum.
Brief facts of the plaintiff's case is as under :-
2. The defendant approached the plaintiff on 13.04.2012 to
extend financial assistance by way of business loan. The plaintiff
has paid the amount of Rs.5,00,000/- by cheque bearing no.
189299 drawn on Union Bank of India, Mazgaon Branch, Mumbai.
The defendant has received the said amount. The defendant
agreed to pay the advance amount at the rate of 1% per month. He
has paid interest of Rs. 5,00,000/- from time to time upto
31.03.2015.
3. The plaintiff stated that the defendant pleaded financial
difficulties and requested the plaintiff to grant time and assured
that he will pay the amount. The defendant has issued
Confirmation of Account on 01.04.2016 in writing for period
01.04.2015 to 31.03.2016, acknowledging the outstanding amount
to be paid with the agreed interest thereon. The defendant failed
to pay the amount therefore, the plaintiff issued legal notice dated
24.12.2018 and called upon the defendant to pay Rs. 5,00,000/-
along with interest. The defendant failed to pay the amount. Hence
the suit for recovery.
4. The report Pre-institution Mediation under Section 12-A of
Commercial Courts Act, 2015 is Non-Starter.
5. The writ of summons is duly served to the defendant. The
defendant failed to appear. Hence the suit proceeded ex-parte
against the defendant, as per roznama dated 04.12.2019.
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6. The plaintiff to prove the contents of the plaint filed claim
affidavit of Shri. Ambalal Sardarmalji Chowhan (Exh.3). The
contents of affidavit is as per the contents of the plaint. The
plaintiff has relied on Confirmation of Account, which is signed by
the defendant thereby admitting outstanding amount of Rs.
5,61,000/- as on 01.04.2016 (Exh.5); legal notice dated
24.12.2018 issued by the plaintiff to the defendant (Exh.6);
statement of bank record (Exh.7) and Passbook showing amount of
interest received by the plaintiff from time to time.
7. The defendant even after receipt of writ of summons failed
to appear. The evidence of the plaintiff has gone unchallenged. The
plaintiff proved that he has advanced business loan of Rs.
5,00,000/- to the defendant on 13.04.2012. The defendant has
confirmed the balance outstanding amount of Rs. 5,61,000/- on
01.04.2016. He failed to pay the amount. Hence, the plaintiff is
entitled for recovery of Rs. 5,61,000/-. The plaintiff has claimed
interest at the rate of 12% per annum. The said rate of interest is
high, considering the nature of transaction between the parties,
hence, I hold that the plaintiff is entitled for interest at the rate of
9% per annum from the date of filing the payment of challan to file
the suit dated 17.05.2019, it was referred to mediation as per the
provisions of Commercial Courts Act, 2015. Hence, pass the
following order:-
ORDER
1. The suit is decreed with costs.
2. The defendant is directed to pay the
amount of Rs.5,61,000/- (Rupees Five
Lakhs Sixty One Thousand Only) to the
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plaintiff along with interest at the rate
of 9% per annum from 17.05.2019 till
its realization.
3. Decree be drawn accordingly.
(Smt. S.S. Nagur)
Dated : 25.02.2020 Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 25.02.2020
Transcribed on : 26.02.2020
Sign on : 26.02.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/02/2020 1.30 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO. 13)
Date of Pronouncement of
Judgment/Order.
25/02/2020
Judgment/order signed by P.O on 26/02/2020
Judgment/order uploaded on 28/02/2020
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