Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Commercial Suit No. 48/2019
Received on : 11.06.2019
Registered on : 05.07.2019
Decided on : 07.02.2020
Duration : Y M D
00 07 23
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO. 48 OF 2019
CNR NO.: MHCC01-005748-2019
Sailee Santosh Sawant
Age 35 Yrs.
of Mumbai an adult Indian inhabitant
having her address at Chintamani Finance,
5/51, Laxmi Niwas, Dattaram Lad Marg,
Kalachowki, Mumbai – 400 033. ...Plaintiff
Versus
Mahendra Gurunath Patil
age not known
of Mumbai an adult Indian inhabitant
working for gain at Mumbai Fire Brigade
Control Room Byculla B.J. Marg, Mumbai – 400 008.
And residing at Mukam Post: Kondhale
Taluka : Wada Dist: Palghar ...Defendant
Appearances:-
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Ex-parte.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C.R.NO. 14)
DATED : 7th FEBRUARY, 2020.
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:2: Commercial Suit No. 48/2019
[ J U D G M E N T ]
Story of plaintiff in short is as under :-
1. Plaintiff has stated that on 22nd May, 2017 the defendant
executed a Demand Promissory Note in her favour for valuable
consideration being a sum of Rs.2,50,000/- received by the defendant
from her against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said Demand Promissory Note the
Defendant promised to pay to her the said sum of Rs.2,50,000/-
alongwith interest thereon @ 18% per annum on demand. Plaintiff has
further stated that she from time to time demanded from the defendant
the said amount of Rs.2,50,000/- and interest accrued thereon @ 18%
per annum. The defendant, however, failed and neglected to pay the
said sum and any part thereof and kept her on false and baseless
promises. Plaintiff has further stated that after waiting sufficient time,
she forwarded her Advocate's letter dated 31st October, 2018 recording
the above facts and instructed the Defendant to comply with the
requisitions mentioned in the said letter, within a period of 48 hours
from receipt thereof. Plaintiff has further stated that in the premises
aforesaid, there is now due and payable by the defendant to her a sum
of Rs.3,24,958.90ps. in accordance with the Particulars of Claim.
Therefore, plaintiff filed this suit.
2. Defendant failed to appear in the suit, therefore, suit has
proceeded ex-parte against him.
3. Heard the Ld. Advocate for the plaintiff.
4. Following points arise for determination and their findings
followed by reasons are as stated below.
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:3: Commercial Suit No. 48/2019
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.3,24,958.90ps. from
defendant alongwith interest @ 18%
p. a. on the sum of Rs.2,50,000/-
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
5. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.5 Promissory Note dated 22nd May, 2017.
2. Exh.6 Plaintiff's Advocates' letter dated 31st October 2018
alongwith the postal records in connection with the
transmission and delivery thereof.
AS TO POINT NOS. 1 AND 2:
6. Plaintiff has filed evidence of her Constituted Attorney PW1-
Santosh Sawant below Exh.8 in the form of affidavit. He has stated in
his evidence that on 22nd May 2017, the defendant approached and
requested to him for Financial Assistance of Rs.2,50,000/- for the
defendant for personal purpose. He has further stated that considering
the relation and with to help the defendant he gave a sum of
Rs.2,50,000/- to the defendant and for that the defendant above named
drew and delivered a Promissory Note, promising thereby to pay to him
on demand or Order, at Mumbai the said amount of Rs.2,50,000/- with
interest at 18% per annum confirming the receipt of the said amount of
Rs.2,50,000/- from him. He therefore, tendered in evidence the above
mentioned Original Demand Promissory Note.
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:4: Commercial Suit No. 48/2019
7. PW1- Santosh Sawant has further stated that on 22nd May 2017
itself the defendant also executed and signed Form as per the Bombay
Money Lenders Act. By the said Form the defendant admitted the
amount of Loan and rate of interest and the date of loan. He has further
stated that thereafter he approached his Advocate Ramesh Jain &
Kusum Jain and instructed them to issue Demand Notice to the
defendant calling upon him to pay the said amount due under the
Promissory Note within stipulated period. He thereby tendered in
evidence a Office copy of Notice dated 31st October, 2018.
8. PW1- Santosh Sawant has further stated that he from time to
time demanded from the defendant the said amount of Rs.2,50,000/-
and interest accrued thereon @ 18% per annum. The defendant,
however, failed and neglected to pay the said sum and kept him on false
and baseless promises.
9. Plaintiff has filed corroborating documents which are Promissory
Note and Plaintiff's Advocate letter alongwith postal records on record
as documentary evidence. The oral evidence of plaintiff is corroborated
by documentary evidence. Defendant has failed to file written statement
and take cross-examination plaintiff witness. Therefore, all the
allegations of plaintiff have remained unchallenged. Therefore, the
evidence adduced by plaintiff is reliable and shows that she is entitled
to get sum of Rs.3,24,958.90ps. from 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 @ 10% p.a. on the
amount of Rs.2,50,000/- from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
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following Order:-
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.3,24,958.90ps. to plaintiff
along with interest at the rate of 10% p.a. on the sum of
Rs.2,50,000/- from the date of filing of the suit till its realisation.
3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(SONALI P. AGARWAL)
Judge,
Date: 07.02.2020. City Civil Court,
Gr. Bombay.
Dictated on : 07.02.2020
Transcribed on : 07.02.2020
Signed on : 07.02.2020
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:6: Commercial Suit No. 48/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20.02.2020 At 02:58 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ SONALI P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
07.02.2020
Judgment/Order signed by P.O. on 07.02.2020
Judgment/Order uploaded on 20.02.2020
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