Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010081542019
Presented on : 01082019
Registered on : 26112019
Decided on : 12032021
Duration : Y01 M07 D11
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO.211 OF 2019
Yalappa Soma Jadhav, age 45 years, carrying on ]
business at Yalappa Chawl, Room No.666, ]
Makadwala Compound, Halav Pul Road, Kurla (W), ]
Mumbai 400 070 ]....Plaintiff
V/s
Bharti Daya Solanki, age not known, adult, working ]
for gain with Dr. Balabhai Nanavati Hospital, EMP ]
IDNo. O06460, PF No.2979, S.V. Road, Virle Parle (W) ]
Mumbai 400 056 and residing at Dr. Balabhai Nanavati ]
Hospital Staff Colony, Room No. 11, S.V. Road, ]
Virle Parle (W), Mumbai 400 056 ]...Defendant
APPEARANCE:
Ld. Adv.Mr. Rajesh Patil for plaintiff.
None for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 12th March, 2021.
Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree against
-- 1 of 6 --
2
defendant, directing the defendant to pay to the plaintiff a sum of
Rs.4,57,013/(Rupees Four Lakhs Fifty Seven Thousand and Thirteen
only) with further interest on Rs.3,50,000/ (Rupees Three Lakhs Fifty
Thousand Only) at the rate of 18% per annum or any such other rate as
this Court deem fit from the date of the filing of suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff had lent and advanced to the defendant the
sum of Rs.3,50,000/ on 02.05.2017 with interest at the rate of 18%
p.a. The defendant had executed Demand Promissory Note in favour of
the plaintiff.
The plaintiff had orally demanded the repayment of
amount from the defendant. The defendant had failed and neglected to
pay the same. The plaintiff, therefore, had issued notice dated
04.01.2019, calling upon the defendant to pay the sum of Rs.3,50,000/
with up to date interest but defendant had failed to repay the amount.
The plaintiff, therefore, had instituted the present suit for
recovery of amount of Rs.4,57,013/with further interest on
Rs.3,50,000/ at the rate of 18% per annum from the date of the filing
of suit till its realization.
3. The defendant had not appeared in the suit. The suit
therefore proceeded exparte against defendant on 13.03.2020.
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.4,57,013/with
further interest on Rs.3,50,000/ at the
rate of 18% per annum from the date of
the filing of suit till its realization?
'In Affirmative'
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
5. Heard learned Advocate Mr. Rajesh Patil for the plaintiff.
6. The plaintiff in support of its case had examined himself
Mr.Yalappa Soma Jadhav at Exh. 06. The plaintiff had relied upon
following documents (Exh.08):
Sr.
No.
Particulars Exh.
1 Demand promissory note of Rs.3,50,000/ dated
02.05.2017
10
2 Notice of demand dated 04.01.2019 11 colly
3 Xerox coy of Money Lending Licence year 2017
2018
12
4 Xerox copy of Form No. 10 13
5 Xerox copy of Cash entry 14
6 Xerox copy of Leger entry 15
7. The plaintiff had relied upon Money lending Licence for
the year 20172018 Exh.12 which was valid from 01.04.2017 to
31.03.2018. It is the evidence of the plaintiff that on payment of
Rs.3,50,000/, the defendant had executed the demand promissory note
-- 3 of 6 --
4
Exh.10. The evidence further points out that amount of Rs.3,50,000/
was paid with interest at the rate of 18% p.a. The defendant also had
filled Form No.10 Exh.13. It reflects that amount of loan was
Rs.3,50,000/ and the rate of interest of 18% p.a. was to be charged as
per the promissory note Sr. No.116. The plaintiff also had relied upon
cash entry Exh.14 and the ledger entry Exh.15.
8. The evidence of the plaintiff primafacie shows that he had
lent Rs.3,50,000/to the defendant. The defendant accordingly had
executed Demand Promissory Note Exh.10. The defendant also had
filled Form No.10 Exh.13. The plaintiff also had relied upon cash entry
Exh.14 and Leger entry Exh.15. The evidence of the plaintiff points out
that the defendant had not repaid the amount on oral demanded at
several times. The defendant as had not repaid back the amount, the
plaintiff had issued notice dated 04.01.2019 Exh.11 colly.
9. Inspite of service of suit summons, the defendant had not
appeared in the suit. The suit proceeded exparte against defendant.
The defendant had not contested the suit. The contentions raised by
the plaintiff in the plaint have gone unchallenged. The inference
adverse against defendant is required to be drawn. It has to be inferred
that by not contesting the suit, the defendant had admitted the claim of
the plaintiff. It also can be inferred that the plaintiff does not have any
answers to the contentions of the plaintiff in the plaint. It therefore had
to be inferred from the absence of the defendant that he has no answers
to the allegations made by the plaintiff in the plaint.
10. The evidence of the plaintiff have gone unchallenged. He
has successfully shown that the defendant had obtained loan of
-- 4 of 6 --
5
Rs.3,50,000/ with interest at the rate of 18% p.a. The plaintiff is
entitled for interest at the rate of 18% p.a. on amount of Rs.3,50,000/
from the date of transaction till the suit and further is entitled for
interest at the rate of 18% p.a. on the principal amount i.e. 3,50,000/
from the date of the suit till its realization.
Hence, I answered point No. 1 “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.4,57,013/(Rupees Four Lakhs Fifty Seven Thousand and Thirteen
Only) with further interest at the rate 18% per annum on principal
amount of Rs.3,50,000/(Rupees Three Lakhs Fifty Thousand Only)
from the date of filing of suit till its realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 12.03.2021 Gr.Bombay at Mumbai.
Dictated on : 12.03.2021
Transcribed on : 15.03.2021
Signed by H.H.J.on : 17.03.2021
-- 5 of 6 --
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.03.2021 at 5.35p.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
12.03.2021
Judgment/order signed by P.O. on 17.03.2021
Judgment/order uploaded on 18.03.2021
-- 6 of 6 --