Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Suit 243 of 2019
Received on : 06.11.2019
Registered on : 02.12.2019
Decided on : 20.02.2020
Duration : Y M D
- 2 18
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
COMMERCIAL SUIT NO. 243 of 2019
CNR NO. : MHCC01-011369-2019
Mr. Rameshkumar Bajoria
Age 60 years, 21 Basant
Apartments, 101 Cuffe Parade
Mumbai 400 005. ...Plaintiff
Versus
Mr. Omprakash Bagadia
821, Maker Chambers V
Nariman Point, Mumbai – 400 021. ...Defendant
Appearances:-
Mr. S.P. Kanuga, advocate for the Plaintiff.
Defendants Ex-parte.
CORAM : SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATED : 20th FEBRUARY 2020
SUIT FOR RECOVERY OF RS. 83,08,000/-
J U D G M E N T
1. The plaintiff has filed the suit against the defendant against the
loan advanced to him along with interest at the rate of 12% per annum.
Brief facts of the plaintiff's case is as under :-
2. The plaintiff is carrying on business of trading in food products.
The defendant is dealing in stocks and shares and other related business.
The plaintiff has advanced amount of Rs. 60,00,000/- to the defendant.
The said amount was transferred by RTGS Cheque No. 00244 drawn on
Bank of Baroda, Horniman Circle Branch. The defendant was in need of
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money. Therefore, he requested for loan of Rs. 10,00,000/-. The plaintiff
paid the said amount to the defendant on 11.11.2014. Again the
defendant was in need and the plaintiff has paid Rs.2,00,000/- on
29.05.2015, Rs.5,00,000/- on 21.08.2015 and Rs.20,00,000/- on
26.02.2016. The defendant agreed to pay the said amount along with
interest at the rate of 12% per annum. The plaintiff has received Rs.
10,00,000/- by cheque on 30.07.2016 and Rs. 20,00,000 on 21.09.2016
whereas the amount of Rs. 67,00,000/- was due and payable along with
interest of Rs. 16,08,000/-. The defendant failed to pay the said amount
to the plaintiff. Hence, the suit for recovery.
3. The report of Pre-institution Mediation under Section 12-A of
Commercial Courts Act, 2015 is Non-Starter. The defendant could not be
served. The report of mediation shows that the report of notice is not
received. Hence, the non starter report.
4. The writ of summons is duly served to the defendant. The
defendant failed to appear. Hence the suit proceeded ex-parte against
the defendant.
5. The plaintiff to prove the contents of the plaint filed evidence
affidavit of Shri. Rameshkumar Bajoria. The contents of affidavit is as
per the plaint. The plaintiff has relied on Saving Account Passbook of
Bank of Baroda showing the entry of Rs. 60,00,000/- debited to the
plaintiff and credited to the defendant (Exh.7); Debit entry dated
29.05.2015 of RTGS to defendant for Rs. 2 lakhs (Exh.8); application for
transfer of Rs.5 Lakh by RTGS in favour of defendant and the pay slip
entry in passbook of the plaintiff (Exh.9); application for RTGS of Rs.20
Lakhs in favour of the defendant dated 20.06.2016 (Exh.10); Ledger
account of defendant with plaintiff from 01.04.2014 to 31.03.2019
(Exh.11); Bank Pass Books from 04.09.2016 to 30.08.2018 (Exh.12); the
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3 Suit 243 of 2019
demand notice dated 03.10.2017 (Exh.13) and Postal Receipt and track
receipts dated 03.10.2017 (Exh.14).
6. The above documents on record show that the plaintiff has from
time to time advanced the amount to the defendant. The defendant has
received the said amount, but has failed to pay the outstanding principal
amount of Rs. 67,00,000/- to the plaintiff. The plaintiff has claimed
interest at the rate of 12% per annum. Said rate of interest is high. The
plaintiff is entitled for interest at the rate of 9% per annum.
7. The defendant even after receipt of writ of summons failed to
appear and contest the suit. The plaintiff has received Rs. 20,00,000/-
from the defendant on 21.09.2016. The suit is filed by the plaintiff on
06.11.2019. The defendant by part payment of the amount has
admitted/ acknowledged the payment of the amount due to the plaintiff.
Hence, I hold that the plaintiff has proved that he has advanced the
amount to the defendant to the extent of Rs. 97,00,000/-.The defendant
has paid amount of Rs. 30,00,000/- to the plaintiff. The remaining
amount of Rs. 67,00,000/- is due and payable along with interest at the
rate of 9% per annum. Hence, pass the following order :-
ORDER
1. The suit is decreed with costs.
2. The defendant is directed to pay Rs.
83,08,000/- (Rupees Eighty Three Lakhs
and Eight Thousand Only) to the plaintiff
along with interest at the rate of 9% per
annum on principal amount of Rs.
67,00,000/- from the date of filling of the
suit i.e. 06.11.2019 till its realization.
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3. Decree be drawn accordingly.
(Smt. S.S. Nagur)
Dated : 20.02.2020 Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 20.02.2020
Transcribed on : 25.02.2020
Sign on : 25.02.2020
ORDER
It is brought to my knowledge that in the operative part of the
order there is typographical error. The date of filing of the suit is
06.11.2019, however the date is typed as 06.09.2019. Hence, the said
typographical error is corrected under Section 152 of Code of Civil
Procedure, 1908.
(Smt. S.S. Nagur)
Dated : 26.02.2020 Assistant Sessions Judge
Gr. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
28/02/2020 1.05 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO. 13)
Date of Pronouncement of
Judgment/Order.
20/02/2020
Judgment/order signed by P.O on 25/02/2020
Judgment/order uploaded on 28/02/2020
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