Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 15/2020. 1 Ex-parte Judgment.
MHCC010131522019
Presented on : 16-12-2019
Registered on : 16-01-2020
Decided on : 31-03-2021
Duration : 1 years, 3 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 15 OF 2020
Exh.16.
Nayan Laherchand Mepani )
Age: 46 years; Occupation: Business )
Senior citizen, Adult, Indian Inhabitant )
residing at, 401, Shivam CoOperative )
Housing Society Ltd., Walji Ladha Road, )
Near Kalidas, Mulund (West), )
Mumbai – 400080 )...Plaintiff
Versus
Simplex Exports )
Proprietor Mr. Jignesh Shah )
Having office at 201/202, Divine Castle, )
Sunita Kutir CHS Ltd, 2nd Floor, )
Liberty Garden X Road–4, Malad (W), )
Mumbai – 400 064 )
And
2nd Floor, Divine Castle Cross Road )
Number4, Navy Colony NSC Colony, )
Malad (W), Mumbai64 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 31st MARCH, 2021.
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Comm.Suit No. 15/2020. 2 Ex-parte Judgment.
Ms. Preeti Gada, Advocate for Plaintiff.
None for Defendant. (Exparte).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.11,53,650/ (Rupees Eleven
Lakhs Fiftythree Thousand Six Hundred Fifty Only) with further
interest at the rate of 1.05% p.m. The suit is based on promissory note.
Plaintiff's case is narrated as follows :
2. Plaintiff is a businessman. Defendant approached the
plaintiff through broker Mr. R.H.Associates and requested for friendly
loan. Defendant has executed a Promissory Note of Rs.10,00,000/
(Rupees Ten Lakhs Only) on 28/09/2017. Plaintiff has transferred the
loan of Rs.10,00,000/ (Rupees Ten Lakhs Only) by RTGS on
28/09/2017 through CITI Bank. As per agreement between them,
defendant has paid the interest as mentioned in paragraph no.5 of the
plaint till 31/03/2018. From 01/04/2018 defendant is failed to repay
the principal or interest. Therefore, plaintiff issued a notice through
advocate by RPAD on 31/05/2019. Despite repeated demand and a
legal notice, defendant is failed to repay the amount. Hence, this suit.
It is claimed for recovery of Rs.11,53,650/ (Rupees Eleven Lakhs Fifty
three Thousand Six Hundred Fifty Only) with future interest at the rate
of 1.05% p.m.
3. Summons is duly served through bailiff in view of service
report vide Exh.5, defendant is failed to appear. Hence, suit is
proceeded exparte.
4. Notice is appropriately served by RPAD. Defendant is
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Comm.Suit No. 15/2020. 3 Ex-parte Judgment.
failed to appear in preinstitution mediation. Perused nonstarter report
submitted by the Secretary, DLSA.
5. To substantiate the claim, PW 1 Nayan Mepani deposed
before the Court vide Exh.6. PW 1 has submitted statement of truth
vide Exh.7 and affidavit under Section 65B of Evidence Act vide Exh.8.
Perused documents submitted by plaintiff.
6. In view of certificate issued by the bank vide Exh.10, an
amount of Rs.10,00,000/ (Rupees Ten Lakhs Only) came to be
transferred by the plaintiff by RTGS to the account of defendant.
Defendant has executed a Promissory Note vide Exh.11. In view of
Exh.12, it is clarified by the plaintiff that defendant has paid the
interest upto 31/03/2018. In default to pay further, plaintiff has issued
a notice through advocate on 31/05/2019 vide Exh.13. Perused track
report submitted by Postal Department vide Exh.14. Defendant is failed
to appear despite due service of summons. It infers that he admits the
suit claim in accordance with the allegations levelled in the plaint. In
short, suit deserves to be decreed as prayed.
7. Plaintiff has claimed for interest at the rate of 1.05% p.m.
It becomes 12.60% p.a. For the calculation purpose, the interest at the
rate of 12% p.a. appears to be appropriate. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay the amount of Rs.11,53,650/ (Rupees
Eleven Lakhs Fiftythree Thousand Six Hundred Fifty Only)
with interest @ 12% p.a. from the date of suit till
realization, within two months from the date of decree.
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Comm.Suit No. 15/2020. 4 Ex-parte Judgment.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 31/03/2021. Mumbai.
1. Dictated on : 31/03/2021.
2. Transcribed on : 05/04/2021.
3. Signed on : 05/04/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/04/2021. 4.58 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 31/03/2021.
Judgment/Order signed by P.O. on 05/04/2021.
Judgment/Order uploaded on 05/04/2021.
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