Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Comm. Suit No.212/2019
Received on : 07/08/2019.
Registered on : 26/11/2019.
Decided on : 13/03/2020.
Duration : Y M D
00 03 16
EXHIBIT - 13
IN THE COURT BOMBAY CITY CIVIL COURT AT GR. BOMBAY
COMMERCIAL SUIT NO. 212 of 2019
Gangaram Janu Pawar
Age about 40 years, Indian Inhabitant,
Carrying on business at Room No.23/235,
Balchand Shindhi Chawl, Jayshankar Chowk,
Halav Pul Road, Kurla (W),
Mumbai – 400070. ..Plaintiff.
Versus
Nandu Kashinath Pawar
Age : Adult, Working for gain with
BMC Office, ‘N’ Ward, Dept. Consy; E.C.
No.4096371, P.C. No.6427, Jawahar Road,
Ghatkopar (W), Mumbai – 400077.
And
R/at : Room No.9, Shiv Sagar Apartment,
Near Shiv Sena Office, Kolset Road,
Thane (W) – 400607. ..Defendant.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 13th March, 2020.
(C.R.No.19)
APPEARANCES:
Adv. Mr. Rajesh Patil for plaintiff.
-- 1 of 6 --
Judgment 2 Comm. Suit No.212/2019
J U D G M E N T
(Delivered on 13.03.2020)
The present suit is filed for recovery of amount of
Rs.4,50,681/-.
2. The brief facts of the case can be summarized as under :
The plaintiff is Money Lender. On 05.09.2018, the plaintiff
advanced to the defendant the sum of Rs.4,20,000/- on interest at the
rate of 18% per annum. On the same day, the defendant executed
Demand Promissory Note in favour of the plaintiff. The plaintiff on
several occasion, orally demanded the outstanding amount, but the
defendant failed and neglected to pay the same. On 18.01.2019, the
plaintiff issued notice calling upon the defendant to pay sum of
Rs.4,20,000/- alongwith interest. The defendant neither replied the
notice nor complied the same. Hence, the suit is filed for recovery of
principal amount of Rs.4,20,000/- and accrued interest of Rs.30,681/-,
the total amount of Rs.4,50,681/-. The plaintiff has also prayed for
future interest from the date of filing of suit till realization of the
amount.
3. Writ of summons was served to the defendant, but he failed
to appear. Therefore, case against the defendant was proceeded ex-
parte.
4. The plaintiff in order to prove his case has examined
himself at Exhibit-3 and filed Demand Promissory Note at Exhibit-5,
-- 2 of 6 --
Judgment 3 Comm. Suit No.212/2019
notice of demand at Exhibit-6, money lending license at Exhibit-8, form
No.10 at Exhibit-9, cash entry at Exhibit-10 and Ledger Entry at
Exhibit-11.
5. Having heard learned Advocate for the plaintiff and after
going through the record, following points arise for my consideration
and I have given my findings against each of them for the reasons
mentioned hereinafter.
POINTS FINDINGS
1 Whether the plaintiff is entitled to
recover amount of Rs.4,50,681/-?
..In the affirmative
2 Whether the plaintiff is entitled for
future interest and at what rate?
..Yes, at the rate of
6% per annum.
3 What order? ..As per final order
-: R E A S O N S :-
AS TO POINTS NO.1 to 3 :
6. The plaintiff has deposed that on 05.09.2018, the
defendant approached to him for a loan of Rs.4,20,000/- on interest at
the rate of 18% per annum. Accordingly, plaintiff advanced the said
amount to the defendant on execution of Promissory Note by the
defendant. It is further version of plaintiff that he demanded the loan
amount and interest repeatedly to the defendant, but defendant failed
to pay even interest apart from loan amount. On 18.01.2019, plaintiff
issued notice to the defendant, but the defendant failed to repay the
amount.
-- 3 of 6 --
Judgment 4 Comm. Suit No.212/2019
7. The Demand Promissory Note and Form No.10 are duly
proved by the plaintiff in his evidence. Rather, the extract copy of
original relevant entry of cash book dated 05.09.2018 and loan account
of defendant Exhibit-10 & 11 have also been filed on record. The
plaintiff has also filed Money Lending License at Exhibit-8.
8. The plaintiff is carrying business of money lending. The
plaintiff in categorically term has deposed that the said Promissory Note
has been executed by the defendant in his presence. There is no counter
material to disbelieve the plaintiff, since the version of the plaintiff
remain unchallenged. All this evidence is more than sufficient to hold
that the amount of Rs.4,20,000/- has been given to the defendant on
the interest at the rate of 18% per annum. Therefore, the plaintiff is
entitled to recover amount of Rs.4,50,681/-. Accordingly, I answer this
point in affirmative.
9. So far as interest part is concerned, nothing has been
brought on record that the loan was given to the defendant for
commercial purpose. Therefore, in view of section 34 of Code of Civil
Procedure, the plaintiff is entitled to recover future interest at the rate
of 6% per annum, from the date of filing of suit till realization of
amount. In view of this, following order is passed.
-: O R D E R :-
1. The Suit is decreed with cost.
2. The plaintiff is entitled to recover amount of
Rs.4,50,681/- with future interest at the rate of 6%
-- 4 of 6 --
Judgment 5 Comm. Suit No.212/2019
per annum, from the date of filing of the suit till
realization of the amount.
3. Decree be drawn up accordingly.
13/03/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 13.03.2020.
Transcribed on : 13.03.2020.
Signed by H.H.J. on : 16.03.2020.
-- 5 of 6 --
Judgment 6 Comm. Suit No.212/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : Mr. Tushar P. Kuwar.
Upload date and time : 17.03.2020 at 11.55 a.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 13.03.2020
Order signed by P.O. on 16.03.2020
Order uploaded on 17.03.2020
-- 6 of 6 --