Final Order 1

Order Details: Copy of Judgment
Pdf Text: :1: Summary Suit No.1125/2019
MHCC010099812019
Received on : 30.09.2019
Registered on : 19.11.2019
Decided on : 16.03.2020
Duration : Y M D
00 05 17
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1125 OF 2019
Nitesh Hirachand Jain, ]
aged about 41 years, occu: business ]
of Mumbai, Indian Inhabitant, ]
Sole Proprietor of M/s. R.P. Sanghvi ]
having its address at Latif Naik House ]
D’lima Street, Dockyard Road, ]
Mumbai 400 010. ]...Plaintiff
Versus
Kiran Vasant Satam ]
An adult, Indian Inhabitant, ]
age: not known, ]
occu: working for gains at ]
Mazgaon Dock Shipbuilders Ltd. ]
Dockyard Road, Mumbai 400 010 ]
Employee ID : 000 88 652 ] ...Defendant
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Appearances:-
Advocate Mr. Rajesh M. Patil for the Plaintiff.
Defendant Ex-parte.
CORAM : HER HONOUR JUDGE
SONALI P. AGARWAL
(C. R.NO.14)
DATED : 16th MARCH, 2020.
[ J U D G M E N T ]
This suit a suit filed by plaintiff for recovery of Rs.2,78,659/-
alongwith interest from the defendant.
Story of plaintiff in short are as under :-
2. Plaintiff has stated that on 16.07.2018, defendant signed and
executed, handed over and delivered a Demand Promissory note in his
favour for the valuable consideration received by him being a sum of
Rs.2,30,000/- from the plaintiff in cash on 16.07.2018 against the
signing, executing and handing over the said Demand Promissory Note.
Plaintiff has further stated that by the said Demand Promissory Note the
defendant promised to pay to him the said sum of Rs.2,30,000/- along
with the interest accrued thereon at the rate of 18% per annum on
demand.
3. Plaintiff has further stated that he has from time to time
demanded from the defendant the said sum of Rs.2,30,000/- and
interest accrued thereon at the rate of 18% per annum. However, the
defendant on one pretext or another, with dishonest intention and
malafide motives avoided to make payment of the said sum of
Rs.2,30,000/- and any part thereof or interest accrued thereon or any
part thereof and was adopting dilatory tactics, gimmicks with malafide
intentions.
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4. Plaintiff has further stated that he by his Advocate’s Demand
Notice dated dated 7.8.2019, placed the above facts on record and
called upon the defendant to pay the said sum of Rs.2,30,000/- and
interest accrued thereon a the rate of 18% per annum from the date of
execution of the said Demand Promissory Note. The Demand Notice
was posted to the defendant at the address mentioned in the suit title,
by Registered A.D. Post as well as by Under Certificate of posting.
Defendant has duly received the said Demand Notice, however has
neither replied to the said demand notice nor made any payment
towards principal amount nor interest amount nor any part thereof till
today.
5. Plaintiff has further stated that he has complied with all the
formalities as required under the Bombay Money Lenders Act. He has
further stated that as agreed and promised under the said demand
promissory note the defendant is liable to pay the said amount of
Rs.2,30,000/- along with the interest accrued thereon at the rate of
18% per annum from the date of the said Demand Promissory Note till
the date immediately preceding to the filing of the suit. The said
interest till the date of the suit comes to Rs.48,659/-.
6. Plaintiff has further stated that there is now due and payable by
the defendant to him a total sum of Rs.2,78,659/- inclusive of interest
from date of the Demand Promissory Note till filing of the suit, which
amount the defendant has failed and neglected to pay in spite of
repeated requests and demands having been made in that behalf and
claim further interest a the rate of 18% per annum on said principal
sum of Rs.2,30,000/- from the date of filing of the suit till payment and
realisation. Therefore, plaintiff filed this suit.
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7. Defendant failed to appear in the suit, therefore, suit has
proceeded ex-parte against him.
8. Heard the Ld. Advocate for the plaintiff.
9. Following points arise for determination and their findings
followed by reasons are as stated below:-
Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.2,78,659/- from defendant
along with interest @ 18% p. a. on
the sum of Rs.2,30,000/- from the
date of filing of the suit till its
realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
10. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.7 Original Demand Promissory Note dated 16.07.2018.
2. Exh.8 Original demand Notice dated 7.08.2019 from
plaintiff Advocates to defendant alongwith postal
records.
3. Exh.9 True copy of the plaintiff’s Money Lending Licence.
4. Exh.10 True copy of Form No.8 (Rule 16) under the Bombay
Money Lending Act and the rules framed thereunder.
5. Exh.11 True Copy of the Relevant Ledger A/c entreis in the
Books of Account.
6. Exh.12 True Copy of the Cash Book A/c. Entries.
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AS TO POINT NOS. 1 AND 2:
11. Plaintiff has filed evidence of himself in the form of affidavit
below Exh.5. He has stated in his evidence affidavit that the above said
suit is based on Demand Promissory Note dated 16.07.2018 duly signed
and executed by the defendant, and handed over to him for valuable
consideration of Rs.2,30,000/- received by the defendant. Plaintiff has
further stated that he has demanded the said sum of Rs.2,30,000/- and
interest accrued thereon at the rate of 18% per annum, time to time
from the defendant however defendant with a dishonest intention and
malafide motives avoided to make payment of the said sum of
Rs.2,30,000/- alongwith interest to him.
12. Plaintiff has further stated that he through his advocate issued
demand Notice dated 07.08.2019 placed the above facts on record and
called upon the defendant to pay the said sum of Rs.2,30,000/- and
interest accrued thereon at the rate of 18% per annum from the date of
execution of the said Demand Promissory Note. The defendant has duly
received the said Demand Notice, however he has neither replied to the
said Demand Notice nor made any payment towards principal amount
nor interest amount nor any part thereof till today.
13. Plaintiff has further stated that the sum of Rs.2,78,659/- claimed
in the suit is due and payable arising out of principal amount and the
interest from date of the Demand Promissory Note till filing of the suit.
Plaintiff has further stated that he is further entitled for the interest on
the said principal amount of Rs.2,30,000/- accordingly the claim is
made by him in the above suit as more particularly and in detail
explained and described in his particulars of claim.
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14. Plaintiff has further stated that despite the admission and
confirmation of liability by the defendant to pay since the defendant
failed to discharge his liability he has approached this Hon’ble Court
seeking decreed and judgment against the defendant for a sum of
Rs.2,78,659/- as described in his Particulars of Claim with further
interest on Rs.2,30,000/- from the date of filing of the suit.
15. Plaintiff has produced corroborating documents which are
original Demand Promissory Note, Original Demand Notice from
plaintiff advocate to defendant alongwith postal records, true copy of
the plaintiff’s Money Lending Licence, True copy of the Form No.8 (Rule
16) under the Bombay Money Lending Act and the rules framed
thereunder, true copy of the relevant Ledger A/c entries in the Books of
Account and True copy of the Cash Book A/c. entreis on record as
documentary evidence. Defendant has failed to deny all the allegations
against him by filing Written Statement. The oral evidence of plaintiff is
corroborated by documentary evidence.Therefore, plaintiff has proved
that he is entitled to get sum of Rs.2,78,659/- from defendant.
16. It appears that as per Section 34 of the Code of Civil Procedure,
1908 it will be proper to direct defendant to give interest at the rate of
6.5% p.a. on the amount of Rs.2,30,000/- from the date of filing of the
suit till its realisation. Hence, answer point No.1 partly in the
affirmative and pass following Order:-
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay sum of Rs.2,78,659/- to plaintiff
along with interest at the rate of 6.5% p.a. on the sum of
Rs.2,30,000/- from the date of filing of the suit till its realisation.
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3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(SONALI P. AGARWAL)
Judge,
Date: 16.03.2020. City Civil Court,
Gr. Bombay.
Dictated on : 16.03.2020
Transcribed on : 16.03.2020
Signed on : 16.03.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.03.2020 At 01:53 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
16.03.2020
Judgment/Order signed by P.O. on 16.03.2020
Judgment/Order uploaded on 17.03.2020
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