Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 830/21. 1 Ex-parte Judgment (Exh-16).
MHCC010069482018
Presented on : 11-06-2018
Registered on : 11-06-2018
Decided on : 29-11-2021
Duration : 3 years, 05 months, 18 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 830 OF 2021
Exh.16.
Swati Sahebrao Gadge, Age 30 years, )
of Mumbai an adult Indian Inhabitant, )
having her address at 11, Stany Chawl )
Wadala Estate, Kurla (West), Mumbai – 400 070 ) ...Plaintiff
Versus
Nanda Bajrang Jadhav )
Age not known, of Mumbai an adult Indian )
inhabitant working for gain with B.M.C., “L” Ward, )
1st Floor, Conservancy Department, )
S.G.Barve Marg, Kurla (W), )
Mumbai 400 070 EMP CODE No. 3953156. )
Pay Sheet No. 6025, residing at Mahatma Phule )
Nagar, Zopadpatti Chawl No.4, P.L.Lokhande Marg, )
Chembur, Mumbai – 400 089 )...Defendant
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 29th NOVEMBER, 2021.
Shri Ramesh Jain, Advocate for the plaintiff.
Defendants – (Exparte).
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Comm.Suit No. 830/21. 2 Ex-parte Judgment (Exh-16).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a moneylender. The defendant is
working and residing at the addresses shown in the clause title. The
defendant is in need of money. Hence, plaintiff had advanced a sum of
Rs.2,50,000/ to the defendant on her execution of promissory note on
15.06.2016. The defendant promised to pay to the plaintiff the said
loan of Rs. 2,50,000/along with interest thereon @ 18% per annum on
demand. As the defendant failed to repay the loan amount with accrued
interest at the rate of 18% p.a., the plaintiff sent demand notice by
RPAD and by hand on 15/05/2018 through her advocate calling upon
the defendant to pay the loan amount of Rs.2,50,000/ with interest at
the rate of 18% per annum, but in vain. Hence, the plaintiff filed the
suit for recovery of Rs.2,50,000/ with interest of Rs.87,657.53 at the
rate of 18% p.a. She also claimed future interest on principal amount
from the date of the suit till realization with costs.
3. The defendant is duly served with writ of summons as per
affidavit of service (Exh.5), but she failed to appear and oppose the
claim of the plaintiff. Therefore, I passed the exparte order against her
on 21/01/2020.
4. PW 1 Priya Dhuri, Constituted Attorney of the plaintiff
deposed on evidence affidavit (Exh.7) and proved documents filed with
list of documents (Exh.8). Proved documents are at Exh.10 to
14(Colly). The plaintiff closed evidence vide pursis (Exh.15). Heard
learned counsel Shri Ramesh Jain for the plaintiff.
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Comm.Suit No. 830/21. 3 Ex-parte Judgment (Exh-16).
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that she is
entitled to recover loan amount of
Rs.2,50,000/ with interest of
Rs.87,657.53 (Total Rs.3,37,657.53)
from the defendant ? If yes, at what rate
of interest ?
In the Affirmative.
@ 18.00% p.a.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is decreed.
REASONS
AS TO POINTS NO.1 AND 2 :
6. PW 1 Priya Dhuri has specifically stated that Swati S.Gadge
had advanced loan of Rs.2,50,000/ to the defendant with interest at
the rate of 18% p.a. as per receipt dated 15/06/2016 (Exh.10). She
also proved demand notice (Exh.11). Copy of money lending license is
placed on record at Exh.12. Receipt (Exh.10) is in the form of a
promissory note within the meaning of Section 4 of the Negotiable
Instruments Act,1881. It is an Negotiable Instrument within the
meaning of section 13 of the N.I. Act. The plaintiff made demand of the
said amount by issuing notice (Exh.11), but the defendant did not claim
the same. Therefore, suit filed by the plaintiff is maintainable. In short,
claim of the plaintiff is proved from oral as well as documentary
evidence on record.
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Comm.Suit No. 830/21. 4 Ex-parte Judgment (Exh-16).
7. So far as interest rate is concerned, pendente lite and post
decree interest at the rate of 18% p.a. on the principal amount can be
awarded in view of section 79 of the N.I. Act. Costs of the suit is liable
to be imposed on the defendant. In the light of above discussion, I
record my finding as to point no.1 in the affirmative with variation in
interest as discussed above. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 830/2021 is decreed.
2. The defendant is directed to pay amount of
Rs. 3,37,657.83 (Rupees Three Lakhs Thirty Seven
Thousand Six Hundred Fifty Seven and Paise Eighty Three
Only) to the plaintiff within three months from the date of
decree.
3. The defendant is further directed to pay interest @ 18%
p.a. on the principal amount of Rs. 2,50,000/ from the
date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 29/11/2021. Mumbai.
1. Dictated online on : 29/11/2021.
2. Signed on : 29/11/2021.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 830/21. 5 Ex-parte Judgment (Exh-16).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/11/2021. 03.10 p.m. Mrs P.R.Wagh
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 29/11/2021.
Judgment/Order signed by P.O. on 29/11/2021.
Judgment/Order uploaded on 29/11/2021.
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