Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 148/19. 1 Ex-parte Judgment.
MHCC010087542019
Presented on : 22-08-2019
Registered on : 23-10-2019
Decided on : 04-01-2021
Duration : 1 years, 4 months, 13 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 148 OF 2019
Sanjesh Chunilal Jain,
Aged 49 yrs.,
of Mumbai, an adult Indian Inhabitant,
having his address at Room No.70,
2nd floor, Swadheshi Market, Kalbadevi
Road, Mumbai – 400 002 ...Plaintiff
Versus
Paramshivam Vellu Vedavmal
Age not known, of Mumbai an adult
Indian Inhabitant working for gain with
Western Railway T.C. Office Ground Floor,
Platform No.1, Bandra Station Mumbai – 400 050
And residing at Building No.159,
Western Railway Colony,
Near Gaiety Galaxy S. V. Road,
West Bandra, Mumbai – 400 050 ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 4th JANUARY, 2021.
Mr. Ramesh Jain, Advocate for Plaintiff.
None for Defendant. (Exparte).
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Comm.Suit No. 148/19. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.3,32,695/ (Rupees Three
Lakhs Thirtytwo Thousand Six Hundred Ninetyfive Only) with further
interest @ 18% p.a. This is a suit to recover the amount based on
Demand Promissory Note.
Plaintiff's case is narrated as follows :
2. Plaintiff is a licenced moneylender. At the request of
defendant and upon execution of Demand Promissory Note for the
consideration of Rs.3,00,000/ (Rupees Three Lakhs Only) dated
12/08/2018, plaintiff has handed over the loan of Rs.3,00,000/
(Rupees Three Lakhs Only) to defendant. In view of recitals in Demand
Promissory Note, it was agreed to repay the principal amount alongwith
interest at the rate of 18% p.a. However, despite repeated demand,
defendant is failed to repay the loan. Hence, plaintiff has issued a
notice through advocate on 08/02/2019. The notice was duly served
on defendant by register courier. Defendant is failed to repay the loan.
Hence, this suit.
3. In view of report of bailiff dated 13/11/2019, summons is
duly served on defendant. Defendant is failed to appear. Hence, suit is
proceeded exparte against the defendant.
4. Plaintiff has supported the claim with affidavit and
documents vide Exh.6. PW 1 Sanjesh Jain deposed on oath vide Exh.5
in support to the plaint. Perused Demand Promissory Note dated
12/08/2018 vide Exh.8. Perused notice issued by Adv. Jain vide
Exh.10 dated 08/02/2019. There is a courier receipt vide Exh.11.
PW 1 deposed that despite repeated demand, defendant is failed to
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Comm.Suit No. 148/19. 3 Ex-parte Judgment.
repay the amount. Plaintiff has closed the evidence vide pursis Exh.15.
5. Plaintiff has narrated extract from the books of account
vide Exh.13 and 14. Defendant is failed to appear despite service of
summons. It appears that he admits the suit claim. Hence, suit
deserves to be decreed.
6. The interest at the rate of 18% p.a. appears to be
unreasonable. Hence, suit is decreed with the interest at the rate of
12% p.a. from the date of suit. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay Rs.3,32,695/ (Rupees Three Lakhs
Thirtytwo Thousand Six Hundred Ninetyfive Only) with
further interest @ 12% p.a. from the date of suit till
realization.
3. Defendant to pay loan amount within a month from the
date of decree.
4. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 04/01/2021. Mumbai.
1. Dictated on : 04/01/2021.
2. Transcribed on : 11/01/2021.
3. Signed on : 18/01/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 148/19. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
19/01/2021. 11.06 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 04/01/2021.
Judgment/Order signed by P.O. on 18/01/2021.
Judgment/Order uploaded on 19/01/2021.
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