Final Order 1

Order Details: Ex-parte Judgement
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MHCC010073552019 Presented on : 16-07-2019
Registered on : 21-08-2019
Decided on : 17-06-2022
Duration : Y M D
02 11 01
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.360 OF 2021
(SUMMARY SUIT NO.834 OF 2019)
Ex.07
Jitendra Vinaychand Shah
Age: 70 years, of Bombay,
Indian Inhabitant residing at
C/o. M/s. Real Hardware Mart,
Badri Building, 295, Nagdevi Street,
Mumbai400 003. ..Plaintiff
VERSUS
Ms. Chheda Cargo Carrier
Having its office address at,
Summet Logistics & Industrial Park,
Kuksa Borivali Village, Padgha,
Bhiwandi421302
And also at :
5/6 Trishla, P.K.Road,
Shop No.6, Mulund (West),
Mumbai400 080. ..Defendant
______________________________________________________
Ld. Advocate Shweta Singh for plaintiff.
DefendantEx parte.
______________________________________________________
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JUDGMENT
(17 th June, 2022)
Suit is for recovery of an amount of Rs.5,36,995/
along with future interest.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff and defendant were known to each other.
They had good business relations. Pursuant to the request of
defendant, plaintiff advanced loan of Rs.4 lacs to defendant by
Cheque bearing No.962396 drawn on Bank of Maharashtra,
Nagdevi Street Branch, Mumbai. Defendant agreed to return the
same alongwith the interest @ 15% p.a. Defendant executed a
Demand Promissory Note dated 03/06/2016 for Rs.4 lacs.
Defendant paid interest of Rs.18,000/ on 03/10/2016 and
Rs.27,300/ on 23/03/2017. Thereafter, defendant neither paid
interest amount nor paid the principal amount. Therefore,
plaintiff issued notice, through advocate, on 01/02/2019 calling
upon defendant to make the payment of outstanding amount.
Inspite of receipt of notice, defendant failed to make the payment.
Hence, this summary suit under order 37 Rule 2 of C.P.C.
3. As per service affidavit (Ex.3), defendant is deemed
to be served with writ of summons, but, failed to tender it's
appearance before the Court. Therefore, suit proceeded without
appearance of defendant as per order dated 15/02/2022.
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4. Heard Ld. advocate for plaintiff.
5. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.5,36,995/ is
outstanding against the defendant?
Proved
2. What order? Suit is decreed as
per final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff filed claim
affidavit at Ex.5 and original documents at Ex.6. PW1 Jitendra
Shah reiterated all the facts pleaded in the plaint in his claim
affidavit. Documents filed on record shows that defendant
executed a Demand Promissory Note dated 03/06/2016 for Rs.4
lacs in favour of plaintiff. Record further shows that plaintiff
issued notices to defendant from time to time. However,
defendant failed to make the payment.
7. Defendant failed to appear before the Court. Suit
proceeded without appearance of defendant. Plaintiff's claim is
well supported by documents filed on record. Defendant agreed
to pay interest @ 15% p.a. as per stipulation in Promissory Note.
Defendant failed to pay interest from 01/04/2017. Therefore,
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plaintiff's claim for Rs.5,36,995/ needs to be accepted. Point
No.1 is answered accordingly.
8. Plaintiff has claimed interest at the rate of 15% p.a.
from the date of filing of suit till it's realization. Considering the
nature of transaction, this Court would be well justified in
granting interest at the rate of 15% p.a. as agreed between the
parties from the date of filing of suit till it's realization. In the
result, following order:
ORDER
1. Commercial suit is decreed with costs.
2. Defendant shall pay an amount of Rs.5,36,995/
(Rupees Five Lacs Thirty Six Thousand Nine Hundred
Ninety Five Only) alongwith interest @ 15% p.a. on
principal amount of Rs.4,00,000/ to plaintiff from the date
of the suit till it's realization within two months.
3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948, for
the refund of Institution Fee.
4. Decree thus follow.
17/06/2022 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
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Dictated on : 17/06/2022
Transcribed on : 17/06/2022
Signed on : 17/06/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
17.06.2022 4.55 PM Tanushree C.Kamble
Name of the Judge HHJ Shri S.U.HAKE
(CR No.14)
Date of Pronouncement of
Judgment/Order.
17.06.2022
Judgment/order signed by P.O on 17.06.2022
Judgment/order uploaded on 17.06.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
10/05/22 at 03.40 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 06/05/2022
Judgment and order signed by P.O. 10/05/2022
Judgment/order uploaded on 10/05/2022
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