Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Comm. Suit No.1982019
MHCC010104642019 Presented on : 15/10/2019
Registered on : 22/11/2019
Decided on : 08/09/2022
Duration : 02Y/09M/17D
IN THE CITY CIVIL COURT AT MUMBAI.
COMMERCIAL SUIT No.198 OF 2019
Ashok Vaktawarmal Jain
Age39 years, businessman, R/o. Room No.10,
Luis Peter Wadi, V.S. Marg, Prabhadevi,
Mumbai 400 025 ...PLAINTIFF
VERSUS
Atul Deepak Pednekar
AgeAdult, OccNot known, residing at Flat
No.4011, Bldg. No.9, Prabhadevi Gruha
Nirman Sanstha CHS Mumbai400 025
...DEFENDANT
Shri. Sujith Suresh I/b. A.A. Gharate, 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 08/09/2022)
This is a suit for recovery of sum of Rs.9,67,725/ with
interest @ 18 % p.a. on principal sum of Rs.6,00,000/ from the date of
suit till realization of entire amount.
2. It is case of plaintiff that defendant is his friend. Defendant
was in need of money for the treatment of his father. On the request of
defendant, the plaintiff has lent him Rs.1,50,000/ on 28/4/2016 and
Rs.4,50,000/ on 26/5/2016. Defendant has executed two bill of
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2 Comm. Suit No.1982019
exchange dt.28/4/2016 and 26/5/2016 and undertakes to return total
sum of Rs.6,00,000/ with interest @18 % p.a. Plaintiff called upon the
defendant time to time to pay the said sum but he failed to repay the
same. Hence, plaintiff filed this suit.
3. Inspite of service of suit summons, defendant did not
appear and hence suit proceeded exparte against him.
4. On above facts following points arise for determination of
this court and recorded findings thereon for the reasons stated as under.
POINTS FINDINGS
1. Whether the plaintiff proved that has lent
Rs.1,50,000/ on 28/4/2016 and
Rs.4,50,000/ on 26/5/2016 to
defendant ? …Yes.
2. Whether the plaintiff proved that
defendant is in outstanding of
Rs.9,67,725/ together with interest @
18% p.a. ?
…Yes.
3. Whether plaintiff is entitled for interest @
18 % p.a. from the date of suit till
realisation of the entire principal amount ? ...Yes.
4. Whether plaintiff is entitled for the relief
claimed ? ...Yes.
5. What order and decree? ...As per final
order.
REASONS
AS TO POINT Nos.1 TO 4:
5. Heard learned counsel of Plaintiff. Plaintiff has examined
himself (PW1) to prove his case. He reproduced all content of plaint in
his chiefexamination. He has filed Bill of exchange dt.28/4/2016 and
26/5/2016.
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3 Comm. Suit No.1982019
6. Evidence of PW1 remained unchallenged as suit proceeded
exparte against the defendant. In view of evidence of PW1 and
documentary evidence, it becomes clear that plaintiff has lent
Rs.1,50,000/ on 28/4/2016 and Rs.4,50,000/ on 26/5/2016 to
defendant. Considering entire facts and prevailing market rate of
interest, it is desirable to grant interest @18% p.a. Hence, as per the
said rate plaintiff is entitled for principal amount of Rs.6,00,000/ plus
interest Rs.3,67,725/ calculated @ 18% p.a. on principle sum. So also,
plaintiff is entitled for interest @ 18% p.a. from date of filing of suit till
realization of amount. Thus, I answered point Nos. 1 to 4 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.9,67,725/.
3. Defendant is directed to pay interest @ 18% p.a. on
principal sum of Rs.6,00,000/ to plaintiff from the
date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Date : 08/09/2022.
(N.P. Tribhuwan)
Judge, City Civil Court,
Mumbai. C.R.No.32
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4 Comm. Suit No.1982019
Dictated on : 08/09/2022.
Checked on : 08/09/2022.
Signed on : 08/09/2022.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08/09/2022. 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 08/09/2022.
Order signed by P.O. on 08/09/2022.
Order uploaded on 08/09/2022.
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