Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No. 1
2034 of 2019
MHCC010059952019
Presented on : 17-06-2019
Registered on : 12-07-2019
Decided on : 24-01-2024
Duration : 4 Yr, 7 M, 7 D.
Exh.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2034 OF 2019.
Mrs. Sayyed Ayesha Salim, Age 40 years ]
Residing at 666, Transit Camp, Hains, ]
Road, Byculla (West), Mumbai – 400 011. ] .... Plaintiff.
V/s
Subhash Sonata Thimappa. ]
Age.: Not known, Occ: Business. ]
A Proprietor of M/s. L.B.S.Catering ]
H/a, A/15 Mahatma Gandhi Nagar, ]
Kumbharwada Road, Near Sonabai, ]
Dharavi, Mumbai -17 . ]….Defendant.
Appearance:
Adv. Vivek Singh for the plaintiff.
Defendant -Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U. C. Deshmukh
CR No. : 59.
Date :24th January, 2024.
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Judgment in Suit No. 2
2034 of 2019
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.
2,42,000/- with interest at the rate of 21% p.a.
Brief facts of the plaintiff’s case are as under :
2. It is case of the plaintiff that she is proprietress of firm by
name and style of M/s.Abbas Traders. Similarly, the defendant is also
businessman and carrying a business of catering. The defendant
approached her in the month of March 2018 and requested for friendly
loan of Rs.2,00,000/-. The plaintiff having faith upon the defendant,
she advanced friendly loan to the defendant on certain conditions.
3. It is specific case of the plaintiff that as agreed by both
parties the defendant executed undertaking on 05.04.2018 and on the
same day plaintiff advanced friendly loan of Rs.2,00,000/-. The
defendant has admitted to repay the same within one month and as
security he had also given a post dated cheque in favour of the plaintiff.
Accordingly, the cheque was submitted for encashment which is
returned to the plaintiff with remark ‘fund insufficient’. Thereafter,
plaintiff issued notice, however, the defendant failed to satisfy the claim
of the plaintiff. Hence, this suit.
4. The defendant failed to appear. Hence, the suit is
proceeded exparte as per order dated 14th June 2022. Thereafter, the
plaintiff examined herself by filing affidavit- in-lieu of examination-in-
chief at Exh. 6 and also filed list of documents at Exh.7 which is as
follows:
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Judgment in Suit No. 3
2034 of 2019
Sr.No. Documents
1. Copy of affidavit of undertaking executed
by the defendant while receiving the
freindly loan of Rs. 2,00,000/-
2. The cheque and memo dated 8th
October,2018.
3. Legal Notice dated 12.12.2018.
4. And the postal receipt and
aknowledgment card issued by the postal
department.
5. Demand notice dated 23.01.2019 and
postal receipt and acknowledgment card
issued by postal department.
5. The plaintiff close its evidence vide pursis at Exh. 9.
6. Considering the facts, evidence and law applicable to the
case, following points arise for determination of the case:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it is
entitled to recover an amount of
Rs.2,42,000/- at the rate of
21% p.a. from the defendants
from the date of the suit?
..Yes Partly..
with interest @
6% p.a
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
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Judgment in Suit No. 4
2034 of 2019
:REASONS:
As to Point No. 1 & 2
7. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
8. The copy of undertaking is filed by the plaintiff which
written on stamp of Rs.100/- and notarized before Notary advocate.
The plaintiff has also filed copy of cheque given in her favour and the
memo of Bank fortifies her contention that cheque was dishonoured
due to insufficient balance in the account of defendant. Thus, the
plaintiff succeeded to show that she had advanced friendly loan for
which the defendant had executed affidavit cum undertaking and had
also issued cheque in favour of the plaintiff.
9. The plaintiff claims an interest at the rate of 21% p.a.
However, there is no justification for that. The undertaking is silent as to
the such levy of interest. The plaintiff had advanced friendly loan on
05.04.2018 whereas she has accepted the cheque of some amount dated
5th October 2018. It means while executing undertaking, it was not
contemplated by both parties that the plaintiff will recover an amount
with interest at the rate of 21% p.a. Hence it would be just and proper
to award the interest at the rate of 6% p.a.
10. The plaintiff has paid advance amount to the defendant on
05.04.2018. The suit is instituted on 17.06.2019. Hence, it is within the
limitation. Accordingly point Nos. 1 & 2 are answered.
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Judgment in Suit No. 5
2034 of 2019
11. Non payment of the suit amount led the plaintiff to
institute the suit, hence, the plaintiff would entitle to the cost of the
suit. Accordingly, in answer to point No. 3 following order passed :
ORDER
1. Suit No. 2034 of 2019 is partly decreed with cost as under :
2. The defendant is ordered to pay an amount of Rs.
2,00,000/- (Rs. Two Lakh Only) within two months of the order
alongwith interest at the rate of 6% p.a. from the date of the suit
till its realization.
3. Decree be drawn up accordingly.
4. Suit No.2034 of 2028 is disposed off accordingly.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:24.01.2024 Greater Bombay (CR 59).
Declared on : 24.01.2024
Dictated on : 24.01.2024
Transcribed on : 03.02.2024
Checked on : 03.02.2024.
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12.02.2024 at 12.30 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 24.01.2024
Order signed by P.O. on 09.02.2024
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Judgment in Suit No. 6
2034 of 2019
order uploaded on 09.02.2024
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