Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Comm. Suit No.840/2021
MHCC010103632019 Presented on : 09/10/2019
Registered on : 22/11/2019
Decided on : 03/08/2022
Duration : 02Y/08M/12D
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT No.840 OF 2021
Santosh Nagurao Gadge
Res. of Mumbai an adult Indian Inhabitant,
aged 27 years, Occupation: Money Lender,
carrying said money lending business at
Room No.4, N.M. Gadge Chawl, Makadwala
Compound, Jai Shankar Chowk, Halavpool
Road, Kurla(W), Mumbai400 070.
...PLAINTIFF
VERSUS
Deepak Dinesh Chawda
Res. of Kurla West Mumbai, an adult,
Indian Inhabitant, Aged about 32 years,
Occupation: Service, having his office
Address at Municipal Corporation of
Greater Mumbai, Employee No.4100928,
Ps. No.6026, L Ward, B.M.C. office, Staff
Safai Khatte, 2nd floor, S. G. Barve Marg,
Kurla West, Mumbai70. And also having
his residence Address at B.M.C. Colony,
Building No. A, Room No.23, 3rd floor,
opposite to lions’ garden, Kurla garden,
L.B.S. Marg, Kurla West, Mumbai400 070.
...DEFENDANT
Shri Balbheem Patil, learned Advocate for plaintiff.
Defendant exparte.
CORAM : JUDGE SHRI. N.P. TRIBHUWAN (C.R.NO.32)
E XP A R T E J U D G M E N T
(Delivered on 03/08/2022)
This is a suit for recovery of sum of Rs.3,50,000/
-- 1 of 5 --
2 Comm. Suit No.840/2021
alongwith interest from the date of suit till realization of entire amount.
2. It is case of plaintiff that he is doing business of money
lending. He has obtained money lending license. Defendant is his
friend. Defendant requested him for friendly help of Rs.3,50,000/.
Therefore, plaintiff has given him Rs.3,50,000/ on 4/7/2017 without
interest. On the same day defendant has executed promissory note in
favour of plaintiff towards security of the said friendly loan. Defendant
promised to repay the said amount without interest but inspite of
demands he failed. The said promissory note dishonored by defendant.
Hence, plaintiff sent him notice of demand on 7/5/2018 and called
upon him to pay the said amount. Therefore, defendant is liable to pay
interest on the said amount.
3. Defendant served with suit summons but did not appear.
Hence, suit proceeded exparte against him.
4. On above facts following points arise for determination and
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that he has
advanced loan of Rs.3,50,000/ to
defendant?
…Yes
2. Whether the plaintiff proved that he is
entitled for recovery of amount of
Rs. 3,50,000/ with interest?
If yes, at what rate of interest?
…Yes,
@ 18% p.a.
3. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 AND 2:
-- 2 of 5 --
3 Comm. Suit No.840/2021
5. Heard learned counsel of Plaintiff. Plaintiff has examined
himself to prove his case. He reproduced all content of plaint in his
chiefexamination. His evidence is supported by documentary evidence
as under : Promissory note dt.4/7/2017 executed by defendant in
favour of plaintiff for Rs.3,50,000/(Exh.8), demand notice dt.7/5/2018
(Exh.9) issued by plaintiff through advocate to defendant, RPAD
receipts and cards.
6. In view of oral evidence of PW1 (plaintiff) and
documentary evidence, it becomes clear that on the request of
defendant on 4/7/2017 plaintiff has given him loan of Rs.3,50,000/. At
that time defendant has executed promissory note in favour of plaintiff
towards security. Defendant failed to honor the said promissory note
and hence plaintiff has issued him demand notice dt.7/5/2017 by
RPAD. Evidence of PW1 remained unchallenged. His evidence is
supported by documentary evidence mentioned in para supra.
Promissory note indicates that plaintiff is money lending license holder.
There is no reason to disbelieve his testimony. Hence, plaintiff succeed
to prove that he has advanced above mentioned loan to defendant
without interest. Therefore, plaintiff is entitled for the recovery of the
same. As far as claim of interest is concerned, defendant failed to repay
the said amount and hence he is liable to pay interest @18% p.a. from
the date of suit till realization of entire amount. Hence, I answered
point Nos.1 and 2 as above. Hence, I pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount
of Rs. 3,50,000/ with interest @ 18 % p.a. from the date
-- 3 of 5 --
4 Comm. Suit No.840/2021
of suit till realization of the said amount.
3. Decree be drawn up accordingly.
Date : 03/08/2022.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
-- 4 of 5 --
5 Comm. Suit No.840/2021
Dictated on : 03/08/2022
Checked on : 03/08/2022
Signed on : 03/08/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04/08/2022 Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR
No.)
HHJ SHRI. N. P. TRIBHUVAN
(C.R.No.32)
Date of pronouncement of Order 03/08/2022
Order signed by P.O. on 03/08/2022
Order uploaded on 04/08/2022
-- 5 of 5 --