Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010083342019
Presented on : 07082019
Registered on : 26112019
Decided on : 16022021
Duration : Y01 M06 D09
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO. 209 OF 2019
Gangaram Janu Pawar, age 40 years, Indian ]
Inhabitant, carrying on business at Room No. ]
23/235, Balchand Shindhi Chawl, Jayshankar ]
Chowk, Halav Pul Road, Kurla (W), ]
Mumbai400070 ]….Plaintiff
V/s
Nitin Prakash Sonawane, adult, working for ]
gain with B.M.C. Executive Engineer Office, Dept. ]
A.E.O.C; E.C. No. 1737471, Water Yard, L.B.S. ]
Road, Ghatkopar (W), Mumbai 400 086 and ]
residing at Room No. 001, Shiv Vaibhav Apartment;
Ground Floor, Near Vitthal Mandir, A.F. Cabin ]
Road, Katemanivali, Thane 421 306 ].....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 : 16th February, 2021.
Claim : Suit for recovery of Money.
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EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree
directing the defendant to pay to the plaintiff a sum of Rs. 4,39,452/
(Rupees Four Lakhs Thirty Nine Thousand Four Hundred and FiftyTwo
Only) with further interest on Rs. 4,00,000/ (Rupees Fourt Lakhs Only)
at the rate of 18% per annum or any such other rate as this Hon’ble
Court deem fit from the date of filing of suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
It is the case of the plaintiff that plaintiff had lent and
advanced to the defendant the sum of Rs. 4,00,000/ with interest at
the rate of 18% p.a. The defendant had executed Demand Promissory
note in favour of the plaintiff. The defendant had failed to repay the
amount. The plaintiff, therefore, had issued notice on 18.01.2019,
called upon the defendant to pay the amount of Rs. 4,00,000/ with
interest. The defendant did not reply the notice. The plaintiff,
therefore, had filed the present suit for recovery of sum of Rs.
4,39,452/ with further interest on Rs. 4,00,000/ at the rate of 18%.
3. The defendant though served had not appeared in the suit.
The suit is proceeded exparte against defendant.
4. The following points arise for my determination with my
findings thereon and the reasons to follow :
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SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of a sum of Rs. 4,39,452/with
further interest on Rs. 4,00,000/ at the
rate of 18% per annum from the date of
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 Gangaram
Janu Pawar at Exh. 03. The plaintiff had relied upon following
documents (Exh.04):
Sr.
No.
Particulars Exh.
1 Demand Promissory note of Rs. 4,00,000/ dtd.
16.07.2018
5
2 Notice of demand dated 18.01.2019 with A.D. Aards 6
3 Xerox copy of Money Lending Licence year 20192020 7
4 Xerox copy of Form No. 10 8
5 Xerox copy of Cash entry. 9
6 Xerox copy of Ledger entry. 10
7. The plaintiff Gangaram J. Pawar has reiterated all the
contentions raised by him in the plaint. He had categorically stated that
he had advanced of Rs.4,00,000/ to the defendant with interest at the
rate of 18% p.a. The plaintiff also stated that defendant had also
executed the demand promissory note (Exh.05) dated 16.07.2018. The
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defendant had failed to repay the amount. Therefore, the plaintiff had
issued notice of demand dated 18.01.2019 (Exh.06). It is stated that
the defendant also had relied upon the acknowledgment receipt of
notice.
8. The plaintiff also had filed Money Lending Licence
(Exh.07). The Form No. 10 (Exh.08) had executed by the plaintiff to
the defendant. The statement shows the details and conditions of loan.
The loan was advanced on 16.07.2018 for Rs. 4,00,000/. The form
No. 10 shows that the loan was to be paid on demand with interest of
18% p.a.
9. It is the evidence of the plaintiff that the notice for payment
of loan amount is not replied by the defendant. It is the case of the
plaintiff that amount on the date of filing of suit to be recovered from
the defendant is Rs. 4,39,452/ . The plaintiff had further prayed for
interest of 18% p.a. on the amount of Rs. 4,00,000/ from the date of
institution of suit till its realization.
10. The plaintiff had discharged his initial burden casted on
him. The defendant had executed the demand promissory note and
form no. 10 for amount of Rs. 4,00,000/. The plaintiff had alleged that
defendant had not repaid the amount. The plaintiff, therefore, had
issued notice on 18.01.2019. The notice was not replied by the
defendant. So also, the defendant had not appeared in the suit and had
countered the allegation of the plaintiff in the suit. The defendant had
two opportunities to counter the contentions of the plaintiff, one by
reply to the notice issued by the plaintiff and by filing the written
statement and contest the suit and the allegation in the plaint. The
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contentions raised by the plaintiff in the plaint have gone unchallenged.
The contractual rate of interest between the plaintiff and
defendant is 18% p.a. The plaintiff is entitled for recovery of a sum of
Rs. 4,39,452/ with further interest on Rs. 4,00,000/ at the rate of 18%
per annum from the date of filing of suit till its realization. Hence, I
answered point No. 1 is “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.
4,39,452/ (Rupees Four Lakhs Thirty Nine Thousand Four Hundred
and FiftyTwo Only) with further interest on Rs. 4,00,000/ at the
rate of 18% per annum from the date of filing of the suit till its
realization.
3. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 16.02.2021 Gr.Bombay at Mumbai.
Dictated on : 16.02.2021
Transcribed on : 18.02.2021
Signed by H.H.J.on : 24.02.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.02.2021 at 3.00 p.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
16.02.2021
Judgment/order signed by P.O. on 24.02.2021
Judgment/order uploaded on 24.02.2021
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