Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 1167/21. 1 Ex-parte Judgment (Exh.13).
MHCC010119032019
Presented on : 18.08.2021
Registered on : 18.08.2021
Decided on : 25.02.2022
Duration : 0 years, 6 months, 8 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 1167 OF 2021
Exh.13.
JYOTI DATTA WAGH Age 31 )
Of Mumbai an adult Indian inhabitant )
having her address at 1/11, Ram Niwas Chawl )
SunderBaug, Kurla (West), Mumbai – 400 070 )
through Her C.A. Manjusha Nandkishor Shete, )
age 29 years ) ...Plaintiff
Versus
SHANKAR MANILAL SOLANKI Age not known )
An adult Indian inhabitant, Occp : Service {At BMC} )
Having address at “L” Ward, Conservancy Dept., )
S.G. Barve Marg, Kurla West, Mumbai – 400 070. )
Worker No. 3953022. Paysheet No. 6024., )
and residing at Kurla Garden L.B.S. Road, A/17, )
Municipal Staff Quarters Kurla East, Mumbai – 400 070 )...Defendant
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 25th FEBRUARY, 2022.
Shri Ramesh Jain, Advocate for the plaintiff.
-- 1 of 5 --
Comm.Suit No. 1167/21. 2 Ex-parte Judgment (Exh.13).
Defendants – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a moneylender. The defendant is working
with B.M.C., Conservancy Department, “L” Ward, Kurla (West). The
defendant was in need of money. Hence, plaintiff had advanced a sum
of Rs.2,50,000/ to the defendant on his execution of promissory note
on 18.05.2016. The defendant promised to pay to the plaintiff the said
loan of Rs. 2,50,000/ along with interest thereon @ 18% per annum
on demand. As the defendant failed to repay the loan amount with
accrued interest at the rate of 18% p.a., the plaintiff sent demand notice
by RPAD and by hand on 02/05/2019 through his advocate calling
upon the defendant to pay the loan amount of Rs.2,50,000/with
interest at the rate of 18% per annum, but in vain. Hence, the plaintiff
filed the suit for recovery of Rs.3,83,520.54 with further interest on
principal amount of Rs.2,50,000/ at the rate of 18% p.a. from the date
of the suit till realization with costs.
3. The defendant is duly served with writ of summons as per
affidavit of service (Exh.2), but he failed to appear and oppose the
claim of the plaintiff. Therefore, I passed the exparte order against
him on 14/02/2022.
4. PW 1 Priya Dhuri, Constituted Attorney of the plaintiff
deposed on evidence affidavit (Exh.3) and proved documents filed with
list of documents (Exh.4). Proved documents are at Exh.05 to 10. The
-- 2 of 5 --
Comm.Suit No. 1167/21. 3 Ex-parte Judgment (Exh.13).
plaintiff closed evidence vide pursis (Exh.11). Heard learned counsel
Shri Ramesh Jain for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that she is
entitled to recover amount of
Rs.3,83,520.54 with interest on
principal amount of Rs.2,50,000/-
from the defendant ? If yes, at what
rate of interest ?
In the Affirmative.
@ 18.00% p.a.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is decreed.
REASONS
AS TO POINTS NO.1 AND 2 :
6. PW 1 Priya Dhuri has specifically stated that Jyoti Wagh
had advanced loan of Rs.2,50,000/ to the defendant with interest at
the rate of 18% p.a. as per receipt dated 18/05/2016 (Exh.6). She also
proved demand notice (Exh.7). Copy of money lending license is
placed on record at Exh.8. Receipt (Exh.6) is in the form of a
promissory note within the meaning of Section 4 of the Negotiable
Instruments Act,1881. It is a Negotiable Instrument within the
meaning of section 13 of the N.I. Act. The plaintiff made demand of the
said amount by issuing notice (Exh.7), but the defendant did not claim
the same. Therefore, suit filed by the plaintiff is maintainable. In short,
claim of the plaintiff is proved from oral as well as documentary
evidence on record.
-- 3 of 5 --
Comm.Suit No. 1167/21. 4 Ex-parte Judgment (Exh.13).
7. So far as interest rate is concerned, pendente lite and post
decree interest at the rate of 18% p.a. on the principal amount can be
awarded in view of section 79 of the N.I. Act. Costs of the suit is liable
to be imposed on the defendant. In the light of above discussion, I
record my finding as to point no.1 in the affirmative. Hence, I pass the
following order :
ORDER
1. Commercial Suit No. 1167/2021 is decreed.
2. The defendant is directed to pay amount of
Rs. 3,83,520.54 (Rupees Three Lakhs Eighty Three
Thousand Five Hundred Twenty and Paise Fifty Four Only)
to the plaintiff within three months from the date of decree.
3. The defendant is further directed to pay interest @ 18%
p.a. on the principal amount of Rs. 2,50,000/ from the
date of the suit till realization.
4. The defendant shall bear the costs of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 25/02/2022. Mumbai.
1. Dictated online on : 25/02/2022.
2. Signed on : 25/02/2022.
3. Delivered to Certified : 25/02/2022.
Copy Section on
-- 4 of 5 --
Comm.Suit No. 1167/21. 5 Ex-parte Judgment (Exh.13).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/02/2022. 4.15 p.m. Prasad S. Pednekar.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 25/02/2022.
Judgment/Order signed by P.O. on 25/02/2022.
Judgment/Order uploaded on 25/02/2022.
-- 5 of 5 --