Final Order 2

Order Details: Copy of Judgment
Pdf Text: Comm.Suit No. 831/21. 1 Ex-parte Judgment (Exh-16).
MHCC010071852018
Presented on : 15-06-2018
Registered on : 13-09-2019
Decided on : 04-12-2021
Duration : 3 years, 05 months, 19 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 831 OF 2021
(OLD SUMMARY SUIT NO.905 OF 2019)
Exh.16.
Rajabai Gangaram Gadge, Age 58 years, )
of Mumbai an adult Indian Inhabitant, )
having her address at Room No.10/11, )
Stany Welfare Housing Society, Opp. )
Building No.16, Wadia Estate, Bail )
Bazar, Kurla (West), Mumbai – 400 070 )
Through Constituted Attorney Mr. Gangaram )
M. Gadge, Age 59 Yrs. ) ...Plaintiff
Versus
Amar Bhaskar Pethare )
Age not known, of Mumbai an adult Indian )
inhabitant working at B.M.C., “M” Ward, )
Near Natraj Cinema, Chembur, Mumbai – 400 071 )
Pay Sheet No. 6205 and residing at Rohidas Wada, )
Kalyan, West, Thane. )...Defendant
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 04th DECEMBER, 2021.
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Comm.Suit No. 831/21. 2 Ex-parte Judgment (Exh-16).
Shri Ramesh Jain, Advocate for the plaintiff.
Defendants – (Exparte).
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 with B.M.C. The defendant was in need of money. Hence,
plaintiff had advanced a sum of Rs.5,00,000/ to the defendant as per
his demand. The defendant promised to pay to the plaintiff the said
loan of Rs. 5,00,000/along with interest thereon @ 18% per annum on
demand. The defendant has issued a cheque bearing No.287422 of
Rs.5,00,000/ dated 21 st March, 2018 of State Bank of India, Dombivali
(East) Branch in favour of plaintiff to return his dues. But the said
cheque was dishonoured on 27th March, 2018. After repeated demand
of plaintiff, the defendant failed to pay his dues to the plaintiff 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 his advocate calling upon the defendant to pay
the loan amount of Rs.5,00,000/ with interest at the rate of 18% per
annum, but in vain. Hence, the plaintiff filed the suit for recovery of
Rs.5,00,000/ with interest of Rs.15,780.82 at the rate of 18% p.a. He
also claimed future interest 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 he failed to appear and oppose the
claim of the plaintiff. Therefore, I passed the exparte order against him
on 03/03/2021.
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Comm.Suit No. 831/21. 3 Ex-parte Judgment (Exh-16).
4. PW 1 Priya Dhuri, Constituted Attorney of the plaintiff
deposed on evidence affidavit (Exh.6) and proved documents filed with
list of documents (Exh.7). Proved documents are at Exh.08 to 14. The
plaintiff closed evidence vide pursis (Exh.15). Heard learned counsel
Shri Ramesh Jain for the plaintiff.
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.5,00,000/ with interest of
Rs.15,780.82 (Total Rs.5,15,780.82)
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 Jyoti Wagh
had advanced loan of Rs.5,00,000/ to the defendant with interest at
the rate of 18% p.a. as per form No.10 (Exh.12). Cheque (Exh.08) was
presented to the bank, but it was returned with dishonoured memo
(Exh.09) on the ground that the account is closed. She also proved
demand notice (Exh.10). Copy of money lending license is placed on
record at Exh.11. The plaintiff made demand of the said amount by
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Comm.Suit No. 831/21. 4 Ex-parte Judgment (Exh-16).
issuing notice (Exh.10), 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.
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 80 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. Hence, I pass the
following order :
ORDER
1. Commercial Suit No. 831/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs. 5,15,780.82
(Rupees Five Lakhs Fifteen Thousand Seven Hundred
Eighty and Paise Eighty Two 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.5,00,000/ 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 : 04/12/2021. Mumbai.
1. Dictated online on : 04/12/2021.
2. Signed on : 04/12/2021.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 831/21. 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 Typist
07/12/2021. 02.10 p.m. Mr. F.S.Shaikh
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 04/12/2021.
Judgment/Order signed by P.O. on 04/12/2021.
Judgment/Order uploaded on 04/12/2021.
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