Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 832/21. 1 Ex-parte Judgment (Exh17).
MHCC010074682018
Presented on : 22-06-2018
Registered on : 13-09-2019
Decided on : 03-12-2021
Duration : 3 years, 5 months, 11 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 832 OF 2021
Exh.17.
Jyoti Datta Wagh. Age 31 years, )
of Mumbai an adult Indian Inhabitant, )
having her address at 1/11, Ram Niwas Chawl )
Sunder Baug, Kurla (West), Mumbai – 400 070 ) ...Plaintiff
Versus
Amar Bhaskar Pethare )
Age not known, of Mumbai an adult Indian )
inhabitant working at B.M.C., “ M” West Ward )
Near Natraj Cinema, Chembur, Mumbai 400 071 )
EMP CODE No. 4234177, 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 : 03rd DECEMBER, 2021.
Shri Ramesh Jain, Advocate for the plaintiff.
Defendants – (Exparte).
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Comm.Suit No. 832/21. 2 Ex-parte Judgment (Exh17).
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., “M” Ward, Kurla (West). 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.287421 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.16,027.39
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 20/01/2020.
4. PW 1 Priya Dhuri, Constituted Attorney of the plaintiff
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Comm.Suit No. 832/21. 3 Ex-parte Judgment (Exh17).
deposed on evidence affidavit (Exh.6) and proved documents filed with
list of documents (Exh.7). Proved documents are at Exh.09 to 15. The
plaintiff closed evidence vide pursis (Exh.16). 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.16,027.39 (Total Rs.5,16,027.39)
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.13). Cheque (Exh.09) was
presented to the bank, but it was returned with dishonoured memo
(Exh.10) on the ground that the account is closed. She also proved
demand notice (Exh.11). Copy of money lending license is placed on
record at Exh.12. 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
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Comm.Suit No. 832/21. 4 Ex-parte Judgment (Exh17).
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. 832/2021 is partly decreed.
2. The defendant is directed to pay amount of
Rs. 5,16,027.39 (Rupees Five Lakhs Sixteen
Thousand Twenty Seven and Paise Thirty Nine 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 : 03/12/2021. Mumbai.
1. Dictated online on : 03/12/2021.
2. Signed on : 03/12/2021.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 832/21. 5 Ex-parte Judgment (Exh17).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.12.2021 at 5.35 p.m. (Mrs.K.S.Bhosale)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 03.12.2021
Judgment/Order signed by P.O. on 03.12.2021
Judgment/Order uploaded on 08.12.2021
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