Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 201/19. 1 Ex-parte Judgment.
MHCC010098472019
Presented on : 24-09-2019
Registered on : 22-11-2019
Decided on : 18-02-2021
Duration : 1 years, 4 months, 24 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 201 OF 2019
Exh.14.
M/s. Supreme Bankers, )
Through Partner (Ramesh S. Solanki), )
A Partnership Firm, )
carrying on business )
at 40, Hanuman Lane, )
2nd Floor, Babu Genu Road, )
Kalbadevi, Mumbai 400 002 )...Plaintiffs
Versus
Rajendra Shantaram Jadhav )
Of Mumbai, Indian Inhabitant )
And adult, Occupation : Service )
Working at Nowrasjee Wadia )
Maternity Hospital, Emp.Code:238, )
Dept. U.S.G. O.P.D. Ground Floor, )
Asstt. Mukadam (Timekeeper), )
Acharya Donde Marg, Parel, )
Mumbai – 400 012 )
And
Residential address as Yash Ganga )
Complex CHS Ltd., “B” Wing, )
Room No.404, 4th Floor, Near Saogaon )
Manpada Road, Dombivali (East), )
Dist. Thane – 421 204 )...Defendant
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Comm.Suit No. 201/19. 2 Ex-parte Judgment.
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 18th FEBRUARY, 2021.
Ms. Pushpa Goswami, Advocate for Plaintiffs.
None for Defendant. (Ex-parte).
JUDGMENT (EX-PARTE)
This is a suit for recovery of Rs.5,07,400/- (Rupees Five
Lakhs Seven Thousand Four Hundred Only) with further interest at the
rate of 18% p.a. based on promissory note and a cheque.
Plaintiffs’ case is narrated as follows :
2. Plaintiff is a registered partnership firm, deals in the
business of finance and money lending. Defendant is an Assistant
Mukadam residing on the address in the plaint. At the request of
defendant, plaintiff has sanctioned and disbursed the loan of
Rs.4,30,000/- (Rupees Four Lakhs Thirty Thousand Only). In support
to the loan transaction, defendant has executed a promissory note on
09/07/2018. Defendant has issued a cheque of Rs.4,30,000/- (Rupees
Four Lakhs Thirty Thousand Only) of Central Bank of India dated
21/09/2018.
3. Plaintiff has deposited the said cheque in bank. It was
dishonoured with a memo “Funds Insufficient” on 25/09/2018. Plaintiff
has issued a legal notice on 29/09/2018. It remained unclaimed.
Despite repeated demand and legal notice, defendant is failed to satisfy
the loan amount. Hence, this suit.
4. In view of roznama dated 16/01/2020 and 05/02/2020,
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Comm.Suit No. 201/19. 3 Ex-parte Judgment.
despite due service of summons, defendant is failed to appear. Hence,
suit is proceeded ex-parte against the defendant.
5. In support to pleadings as averred in plaint, plaintiff has
examined one witness and closed the evidence by pursis vide Exh.13.
PW 1 Ramesh Solanki deposed that plaintiff deals in the business of
finance and money lending. Perused documents relating to the firm
vide Exh.5 and 6. Defendant has executed a promissory note dated
09/07/2018 vide Exh.7. The cheque of Central Bank of India issued by
the defendant in favour of plaintiff dated 21/09/2018 is at Exh.8. In
view of a bank memo vide Exh.9, impugned cheque came to be
dishonoured.
6. Plaintiff issued a demand notice vide Exh.10. Postal
acknowledgement is at Exh.11 and unclaimed envelope is at Exh.12.
7. It is material to note that notice dated 29/09/2018 issued
by the plaintiff is duly served by RPAD. Absence of defendant reveals
that he admits the claim. In result, suit deserves to be decreed.
8. The interest at the rate of 18% p.a. appears to be
exorbitant. Hence, suit is decreed with 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 the amount of Rs.5,07,400/- (Rupees
Five Lakhs Seven Thousand Four Hundred Only) with
interest @ 12% p.a. from the date of suit till realization,
within two months from the date of decree.
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Comm.Suit No. 201/19. 4 Ex-parte Judgment.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 18/02/2021. Mumbai.
1. Dictated on : 18/02/2021.
2. Transcribed on : 23/02/2021.
3. Signed on : 23/02/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/02/2021. 3.16 p.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 18/02/2021.
Judgment/Order signed by P.O. on 23/02/2021.
Judgment/Order uploaded on 23/02/2021.
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