Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.8362021
MHCC010078232018
Presented on : 29062018
Registered on : 08112019
Decided on : 20112021
Duration : Y03, M04, D 21
IN THE CITY CIVIL COURT AT GREATER BOMBAY
COMMERCIAL SUIT NO.836 OF 2021
Swati Sahebrao Gadge ]
Age:30 years, ]
of Mumbai an Indian inhabitant having her ]
address at Room No.11, Stany Chawl, Wadia ]
Estate, Kurla (West), Mumbai400 070 ]....Plaintiff
V/s
Raju Gangaram Kshetre ]
of Mumbai an adult Indian inhabitant working for]
gain with BMC, ''L''Ward, Waterworks Department]
S.G.Barve Marg, Kurla (W), Mumbai400 070 ]
Emp. No.4182476, Pay Sheet No.A 6027 ]....Defendant
APPEARANCE:
Adv.Mr.Ramesh Jain for the plaintiff.
Defendant Exparte.
CORAM : H.H. ADHOC JUDGE
SHRI. RAJESH A. SASNE
(C.R.No.32)
DATED :20th November, 2021
EXPARTE JUDGMENT
This is summary suit under Order XXXVII of the Code of
Civil Procedure, 1908 filed under the Commercial Courts Act, 2015 for
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recovery of amount from the defendant.
In brief, the facts of the plaintiff's case are as under :
2. The plaintiff is licensed Money Lender doing business of
money lending. On 02.07.2015, the defendant has executed a demand
promissory note in favour of the plaintiff for valuable consideration of
Rs.2,50,000/, received by the defendant from the plaintiff. By said
demand promissory note, the defendant has promised to pay the
plaintiff, the sum of Rs.2,50,000/ alongwith interest at the rate of 18%
p.a. on demand. In spite of repeated demands, the defendant has failed
and neglected to pay the said amount to the plaintiff. Therefore, on
23.06.2018, the plaintiff issued legal notice to the defendant, calling
upon him to make the payment of the aforesaid amount. In spite of this,
the defendant has failed to pay the said amount. On the date of filing of
this suit, the defendant was liable to pay the amount of
Rs.3,84,136.98ps to the plaintiff. To recover this amount from the
defendant, the plaintiff has filed this suit.
3. In this suit, suit summons was served under Order XXXVII
Rule 2 of the Code of Civil Procedure. The defendant has failed to enter
his appearance. Hence, the suit is proceeded exparte against the
defendant.
4. Heard the learned Advocate for the plaintiff. No argument
of the defendant. Points for determination along with my findings
thereon with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff proves that against the
amount received from her, the defendant for
the purpose of repayment of the same has
Yes
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executed the demand promissory note for
Rs.2,50,000/?
2. What is the agreed rate of interest? @ 18% p.a.
3. Whether the defendant has failed to pay the
amount of Rs.2,50,000/ and interest
thereon?
Yes
4. What order and decree? Suit is decreed.
REASONS
AS TO POINT NOs.1 TO 3:
5. This suit is filed under Order XXXVII Rule 2 as Summary
Suit. As aforesaid, the defendant has failed to enter his appearance. In
view of subrule 3 of Rule 2 of Order XXXVII, if the defendant fails to
enter his appearance, the allegations in the plaint shall be deemed to be
admitted and the plaintiff shall be entitled to a decree. Hence, in view
of the same, the allegations in the plaint are required to have been
admitted by the defendant.
6. Point Nos.1 to 3 are interlinked with each other, hence they
are taken together for consideration. The plaintiff in support of her
claim has examined her Constituted Attorney, Priya (PW1) at Exh.06.
The plaintiff has relied on following documentary evidence:
1 Promissory Note dated 02.07.2015 at Exh.08
2 Plaintiff's Advocate's letter dated 23.06.2018 alongwith the
postal records in connection with the transmission and
delivery thereof at Exh.09 colly.
3 Copy of Money Lender Licence, at Exh.10
4 Form No.8, at Exh.11
5 Books of Accounts at Exh.12
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7. Priya (PW1) deposes that the defendant has received
Rs.2,50,000/ from the plaintiff and against the same has executed
demand promissory note in favour of the plaintiff. In terms thereof the
plaintiff at several times demanded Rs.2,50,000/ with interest accrued
thereon at the rate of 18% p.a. from the defendant. But the defendant
has failed to repay the said amount and interest thereon.
8. The copy of money lender license Exh.10 shows that the
plaintiff is registered Money Lender, carrying business of money
lending. Her license is valid from 01.04.2016 to 31.03.2017. On
02.07.2015, the defendant has obtained loan from the plaintiff. On the
said date, the plaintiff was licensed money lender. The demand
promissory note Exh.08 shows that the defendant has executed this
demand promissory note in favour of the plaintiff on 02.07.2015 for
Rs.2,50,000/ alongwith the interest at the rate of 18% p.a. The copy of
Form No.8 (Exh.11), Books of accounts (Exh.12) also supports the
plaintiff's case that the defendant has obtained loan of Rs.2,50,000/
from the plaintiff. The agreed rate of interest is 18% p.a. The legal
notice Exh.9(colly) was attempted to be served on the defendant. It
appears that the defendant has failed and neglected to repay the
amount of loan with interest thereon. In spite of opportunity, the
defendant has failed to appear in this suit and defend the same. The
defendant has not disputed or challenged the plaintiff's case, hence,
same is required to be accepted.
9. The oral evidence of the plaintiff as well as the
documentary evidence supports the plaintiff's contention that the
defendant has obtained loan of Rs.2,50,000/ with interest at the rate of
18% p.a. from the plaintiff. The defendant has failed to repay the said
amount. The plaintiff has proved that for the aforesaid amount of
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Rs.2,50,000/ received from the plaintiff, the defendant has executed
the demand promissory note and has failed to repay the same. The
agreed rate of interest was 18% p.a. Hence, the plaintiff is entitled to
recover the said amount alongwith interest at the rate of 18% p.a. In
the result, I answer Points No.1 and 3 in the affirmative. As agreed rate
of interest is 18% p.a., I answer point No.2 accordingly.
AS TO POINT NO.4:
10. In view of my findings recorded against point Nos.1 to 3,
the suit is required to be decreed with costs. As the defendant has
compelled the plaintiff to file this suit, the defendant shall bear costs of
this suit. In the result, in answer to point No.4, I pass the following
order.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of
Rs.3,84,136.98ps (Rupees Three Lakh Eighty Four
Thousand One Hundred Thirty Six and Paise Ninety Eight
Only) with interest at the rate of 18% per annum on the
principal amount of Rs.2,50,000/ (Rupees Two Lakh
Fifty Thousand Only) from the date of filing of this suit
till its realisation.
3. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 20.11.2021 Mumbai.
Dictated on : 20.11.2021
Transcribed on : 20.11.2021
Signed by HHJ on : 20.11.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.11.2021 at 5.34 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
20.11.2021
Judgment/order signed by P.O. on 20.11.2021
Judgment/order uploaded on 22.11.2021
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