Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010110322021
Presented on 16122021
Registered on 25012022
Decided on 04-11-2022
Duration Year Month Days
00 10 19
CNR No. MHCC010110322021
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.43 OF 2022
Chandrakant Mansukhlal Bhayani
Age: 47 years, Occupation : Business,
Hindu, Indian Inhabitant, having
Address: Flat No. 603, Samir “A” wing,
Sushil Samir Cooperative Housing Society
Limited, Atmaram Sawant Marg,
Near Children Academy School,
Kandivali (East),
Mumbai 400 101. ..Plaintiff.
V/s.
Apurva Kirtikumar Mehta
Age: 50 years, Occupation : Business,
Hindu, Indian Inhabitant, having
Address: Office No. 1, 218/220,
Kapurwala Building, Samual Street,
M
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Suit 43 of 2022 .. J/2 .. Judgment
Masjid Bunder, Near Bank of Baroda,
Mumbai 400 003.
AND
B705, Pinewood, Vasant Garden,
Mulund (West),
Mumbai – 400 080.
....Defendant.
Appearances:
Plaintiff in person.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 4th November, 2022
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of sum of Rs.15,50,000/ alongwith interest at the rate of 18% per
annum from the date of filing of the suit till its realization.
2. The facts in brief are as follows:
The plaintiff and defendant are known to each other. As
the defendant was in urgent need of friendly loan, he requested the
plaintiff to lend money. On the request of the defendant, plaintiff paid
Rs.15,50,000/ to the defendant by cash at various point of time. The
cash amount was received by the defendant from time to time. The
defendant agreed to repay the said amount and therefore, issued a
cheque dated 31.12.2019 for an amount of Rs.15,50,000/. The said
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Suit 43 of 2022 .. J/3 .. Judgment
cheque on presentation was dishonoured. On 03.11.2021 the plaintiff
issued legal notice to the defendant. The defendant received the said
notice but failed to repay the amount. The plaintiff therefore, filed the
present suit and prayed for decree alongwith further interest at the rate
of 18% per annum.
3. The defendant was duly served but he failed to appear and
therefore, suit was proceeded Exparte against the defendant as per
order dated 08.09.2022.
4. The plaintiff in support of his contention filed Affidavit of
evidence vide Exh.4 and list of documents vide Exh.5. The plaintff filed
the copy of the cheque dated 31.12.2019, returned memo, demand
letter, returned envelope, copy of Bank passbook, copy DD vide Article
A to F. The defendant remained absent and failed to challenge the oral
and documentary evidence of plaintiff. It is the contention of the
plaintiff that he paid the amount to defendant at various point of time
and in order to discharge the liability the defendant issued the cheque.
The copy of the said cheque is filed on record. The said cheque was
dishonoured as per the return memo. The presumption follows that a
cheque was issued towards the discharge of legal liability and therefore,
it seems that the defendant issued the cheque towards the discharge of
his liability. The defendant remained absent and also failed to
challenge the evidence of the plaintff. Therefore, the defendant appears
to have admitted the claim of plaintiff. The documents filed by the
plaintiff proves that a loan was given to the defendant and defendant
issued cheque towards the discharge of his obligation. The issuance of
cheque shows that there was written contract between plaintiff and
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Suit 43 of 2022 .. J/4 .. Judgment
defendant to which defendant failed to fulfill the obligation and
therefore, defendant is liable to pay the amount to the plaintiff.
5. The plaintiff demanded the amount with interest at the rate
of 18% per annum. The interest at the rate of 18% per annum is
exorbitant and therefore, it cannot be granted to the plaintiff.
Considering the nature of transaction the interest at the rate of 9% per
annum will suffice the purpose of justice therefore, I, proceed to pass
the following order:
ORDER
1. The Summary Suit No.43 of 2022 is decreed with costs.
2. Defendant shall pay the amount of Rs.15,50,000/ (Rupees
Fifteen Lacs Fifty Thousand Only) to the plaintiff along with
further interest at the rate of 9 percent per annum from the date
of filing suit till its actual realization.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
6. R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 04112022 City Civil Court, Gr. MUMBAI
Dictated on : 04112022
Transcribed on : 05112022
checked on : 07112022
Signed on : 07112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.11.2022 at 05.00 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of
judgment/order
04.11.2022
Judgment/order signed by P.O. on 07.11.2022
Judgment/order uploaded on 07.11.2022
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