Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010073012019
Presented on : 16072019
Registered on : 23072019
Decided on : 17022021
Duration : Y01 M07 D01
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 63 OF 2019
(CNR No.MHCC010073012019)
Jaiprakash Arun Gupta Age 38 yrs ]
of Mumbai, an adult Indian Inhabitant, ]
his residing at Room No. LX931/3, ]
Shankar Chawl, Pipe Line Road, ]
Near Halao Pul, Kurla, Mumbai 400 070 ]...Plaintiff
V/s
Mohammad Jahangir Masood Shaikh ]
Age not known an adult Indian inhabitant ]
working for gain with Plot No. 8, Room No. 96, ]
B.K.C., Bharat Nagar, Bandra (East) ]
Mumbai400 051 and residing Flat No. 204, White ]
House, Building No. 3, S.G. Bharve Marg, ]
Buddha Colony, Kurla (W) Mumbai400 070 ]..Defendant
APPEARANCE:
Ld. Adv. Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 17th February, 2021.
Claim : Suit for recovery of Money.
-- 1 of 6 --
2
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks recovery of amount from
defendant for Rs. 11,98,246.57 ps. (Rupees Eleven Lakhs Ninetyeight
Thousand Two Hundred Fortysix and Fiftyseven paise Only) and
further interest on the principal amount of Rs. 10,00,000/ from the
next day of filing of the suit till its realization at the rate of 18% p.a.
2. The facts giving rise to the suit in short can be stated as
follows:
It is the case of the plaintiff that defendant had executed
Demand Promissory Note for valuable consideration of Rs. 10 lacs,
received by the defendant from plaintiff against and on the basis of
execution of handing over the demand promissory note. The defendant
had promised to repay the amount of Rs. 10,00,000/ with interest at
the rate of 18% p.a. on demand. It is the case of the plaintiff that
defendant had failed to repay the amount. The plaintiff, therefore, had
issued letter dated 10.05.2019 through his Advocate and called upon
the defendant to repay the amount. The defendant vide its letter dated
17.05.2019 had made fishing enquiry. The plaintiff, therefore, had
instituted the present suit for recovery of amount with contractual
interest.
3. The defendant have failed to file his written statement.
The suit is proceeded without written statement against defendant.
4. The following points arise for my determination with my
findings thereon and the reasons to follow :
-- 2 of 6 --
3
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery amount of Rs. 11,98,246.57 ps.
(Rupees Eleven Lakhs Ninety Eight
Thousand Two Hundred Forty Six and
FiftySeven Paise Only) and further
interest on the principal amount of Rs.
10,00,000/ from the next day of filing
of the suit till its realization at the rate of
18% p.a.
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
5. Heard learned Advocate Mr. Ramesh Jain for the plaintiff.
6. The plaintiff in support of its case had examined PW No. 1
Jaiprakash Arun Gupta at Exh. 08. The plaintiff had reiterated all the
contentions raised by the plaintiff in the plaint. The plaintiff had relied
upon following documents (Exh.09):
Sr.
No.
Particulars Exh.
1 Money Lending License 10
2 Original Demand Promissory Note dated 20.05.2018 11
3 Original Form No. 10 of Money Lenders Act 12
4 Office/carbon copy of the demand notice dated
10.05.2019
13
5 Original Courier receipt 14
(colly)
6 Registrar Maintain for Inspection by plaintiff 15
7 Books of Accounts (Cash Book) 16
-- 3 of 6 --
4
8 Books of Accounts (Ledger Book) 17
9 Defendant Add. Reply 18
7. The plaintiff had stated in his evidence that defendant had
executed demand promissory note on 20.05.2018 of Rs. 10 lacs for
personal purpose. The plaintiff was given amount of Rs. 10 lacs to the
defendant and had delivered a promissory note to pay him on demand
the amount of Rs. 10 lacs with interest @ 18% p.a. The defendant
further had failed to pay the said amount. The plaintiff had produced
the original demand promissory note Exh. 11. The plaintiff also had
produced Money Lending License Exh. 10. The plaintiff had relied
upon Form No. 10 signed by plaintiff and defendant. The plaintiff had
issued letter dated 10.05.2019 Exh. 13. The letter was replied by the
defendant on 17.05.2019. The contents of the notice were not denied
by the defendant. The defendant only had demanded inspection of loan
documents Exh. 15. The plaintiff also had produced cash book account
(Exh.16) and books of account (Ledger Book)(Exh. 17). The suit is
proceeding without written statement against the defendant.
8. The contentions raised by the plaintiff in his plaint have
gone unchallenged. The plaintiff had successfully shown that defendant
had executed the demand promissory note and also had signed Form
No. 10, on agreed to pay the amount @ 18% p.a. The initial burden is
to be discharged by the plaintiff. The defendant has refrained from
contesting the suit. The plaintiff have primafacie shows that the
defendant had obtained amount of Rs. 10 lacs after executing the
demand promissory note and form No. 10 and also had agreed to repay
the same at the rate of 18% p.a.
The plaintiff is entitled for recovery of a sum of Rs.
-- 4 of 6 --
5
11,98,246.57 ps. (Rupees Eleven Lakhs Ninety Eight Thousand Two
Hundred Forty Six and FiftySeven Paise Only) and further interest on
the principal amount of Rs. 10,00,000/ from the next day of filing of
the suit its realization at the rate of 18% p.a. Hence, I answered point
No. 1 is “in Affirmative.” In the result, following order is passed.
ORDER
1. Suit is decreed with costs.
2. The Defendant is directed to pay to the plaintiff a sum of Rs.
11,98,246.57/(Rupees Eleven Lakhs Ninety Eight Thousand Two
Hundred Forty Six and FiftySeven Paise Only) and further interest
on the principal amount of Rs. 10,00,000/ (Rupees Ten Lakhs
Only) at the rate of 18% per annum from the next day of filing of
suit till its payment or realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 17.02.2021 Gr.Bombay at Mumbai.
Dictated on : 17.02.2021
Transcribed on : 22.02.2021
Signed by H.H.J.on : 24.02.2021
-- 5 of 6 --
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.02.2021 at 3.35 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
17.02.2021
Judgment/order signed by P.O. on 24.02.2021
Judgment/order uploaded on 25.02.2021
-- 6 of 6 --