Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010103522019
Presented on : 07102019
Registered on : 08112019
Decided on : 15032021
Duration : Y01 M5 D08
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO.187 OF 2019
Harshad Champaklal Shah ]
aged 70 years an Indian Inhabitant of Mumbai ]
residing at 101, Shatrunjay Building, ]
Mahant Road, Opp. Prashant Hotel, ]
Vile Parle (East), Mumbai400 057 ]....Plaintiff
V/s
Balaji Venkatraman Iyer ]
an Indian Inhabitant, residing at Seshadri Bunglow
Plot No.2B, D.G.P. Road, Opp. Ambedkar Nagar, ]
Behind Tagore Nagar, Nashik422 006 ]...Defendant
APPEARANCE:
Ld. Adv. Mahesh Devani for plaintiff.
None for defendant.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 15th March, 2021.
Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks recovery of amount of
Rs.22,26,000/(Rupees Twenty Two Lakhs Twenty Six Thousand Only)
-- 1 of 7 --
2
from the defendant with further interest due on the principal amount of
Rs.12,00,000/(Rupees Twelve Lakhs Only) at the rate of 18% per
annum 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 the defendant had
advanced a sum of Rs.15,00,000/ (Rupees Fifteen Lakhs Only) on
11.05.2015 to the defendant for his business purpose on interest at the
rate of 18% per annum for a period of three months. The plaintiff had
advanced Rs.15,00,000/ by RTGS on 11.05.2015 from his Savings
Bank Account No.041901000001890 with Bank of Baroda, Vile Parle
(East) Branch, Mumbai400 057. The amount was transferred to the
account of the defendant in Development Credit Bank, Nashik Branch
under account No.09512418041972.
It is stated that inspite of repeated demands the defendant
had paid Rs.3,00,000/ on 13.10.2016 by RTGS. The balance amount of
Rs.12,00,000/ is due. It is the case of the plaintiff that he is entitled
for interest of 18% p.a. as it is a commercial transaction. The plaintiff
had issued notice dated 11.04.2018 called upon the defendant to pay
Rs.12,00,000/. The notice was received by defendant but had not
answered the same. The plaintiff again had issued letter dated
25.05.2018. The defendant had failed and neglected to make payment.
The plaintiff, therefore, had instituted the present suit for
recovery of amount of Rs.22,26,000/(Rupees Twenty Two Lakhs
Twenty Six Thousand only) from defendant with further interest due on
the principal amount of Rs.12,00,000/ at the rate of 18% per annum
from the date of filing of suit till its realization.
-- 2 of 7 --
3
3. The defendant had not appeared in the suit. The suit
therefore proceeded exparte against defendant.
4. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery amount of Rs.22,26,000/
(Rupees Twenty Two Lakhs Twenty Six
Thousand only) from defendant with
further interest due on the principal
amount of Rs.12,00,000/ 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 Mahesh Devani for the plaintiff.
6. The plaintiff in support of its case had examined himself,
Harshad Champaklal Shah at Exh.07. The plaintiff had reiterated all
the contentions raised by the plaintiff in the plaint. The plaintiff had
relied upon following documents (Exh.08):
Sr.
No.
Particulars Exh.
1 Savings Bank Passbook of the plaintiff with
Account No.041901000001890 with Bank of
Baroda, Vile Parle (East) Branch, Mumbai400
057.
9 colly
-- 3 of 7 --
4
2 Certificate dated 29.12.2018 of Bank of Baroda,
Vile Parle (East) Branch, Mumbai400 057
10
3 Copy of the plaintiff's Advocate's letter dated
11.04.2018 with Track Report downloaded
from the Official Website of Postal Department.
11
4 Copy of the plaintiff's Advocate's letter dated
25.05.2018 with acknowledgment.
12
5 Track Report and Acknowledgment. 13 & 14
7. It is the evidence of the plaintiff Harshad Shah that amount
of Rs.15,00,000/ was transfered through RTGS from his Savings Bank
Account No.041901000001890 of Bank of Baroda, Vile Parle (East)
Branch, Mumbai400 057 to the account of the defendant in
Development Credit Bank, Nashik Branch under account
No.09512418041972 on 11.05.2015. The amount was to be paid
within three months. The defendant had made payment of
Rs.3,00,000/ on 13.10.2016 by RTGS. The balance amount of
Rs.12,00,000/ is not paid by the defendant to the plaintiff. The
plaintiff, therefore, had claimed the amount of Rs.12,00,000/ with
interest at the rate of 18% p.a. from three months after the transaction
till filing of the suit. It is stated that notice dated 11.04.2018(Exh.11)
was issued by the plaintiff to the defendant. The same is not answered
by the defendant. Further, the letter (Exh.12) dated 25.05.2018 issued
by the plaintiff also not answered by the defendant.
8. Admittedly, the transaction dated 13.10.2016 shows
amount of Rs.3,00,000/ was paid by the defendant to the plaintiff on
13.10.2016. The suit is instituted on 07.10.2019. The defendant had
acknowledged his liability by making the payment dated 13.10.2016
through RTGS in the account of the plaintiff. The suit is within
-- 4 of 7 --
5
limitation.
It is the evidence of the plaintiff that inspite of demands,
the defendant had not repaid the amount to the plaintiff. The
defendant had not appeared in the suit and had not challenged the
contentions of the plaintiff. It has to be inferred that the defendant had
no say to the contention raised by the plaintiff in the plaint. The
contentions raised by the plaintiff in the plaint have gone unchallenged.
Admittedly, there is no written agreement produced by the plaintiff
showing the agreed rate of interest was 18% p.a. It is the evidence of
the plaintiff that for business purpose the amount was received by the
defendant. The plaintiff had claimed the interest of 18% p.a. on the
principal amount of Rs.12,00,000/. There is no written agreement
inspite of the invoices.
In facts and circumstances of the case, it would be
appropriate to direct the defendant to pay to the plaintiff the interest at
the rate of 10% per annum from three months after the date of
transaction till the date of filing of suit. The plaintiff further is entitled
for the interest at the rate of 10% p.a. on the principal amount of
Rs.12,00,000/ from the date of filing of suit till its realization.
Hence, I answered point No. 1 “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.12,00,000/(Rupees Twelve Lakhs Only) with interest at the rate
of 10% per annum from 11.05.2018 till the date of filing of suit.
3. The defendant is further directed to pay the interest at the rate of
10% per annum on the principal amount of Rs.12,00,000/(Rupees
-- 5 of 7 --
6
Twelve Lakhs Only) from the date of filing of suit till its realization.
4. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date: 15.03.2021 Gr.Bombay at Mumbai.
Dictated on : 15.03.2021
Transcribed on : 17.03.2021
Signed by H.H.J.on : 19.03.2021
-- 6 of 7 --
7
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.03.2021 at 5.30 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
15.03.2021
Judgment/order signed by P.O. on 19.03.2021
Judgment/order uploaded on 19.03.2021
-- 7 of 7 --