Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 17/2020. 1 Ex-parte Judgment.
MHCC010131542019
Presented on : 11-12-2019
Registered on : 16-01-2020
Decided on : 31-03-2021
Duration : 1 years, 3 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 17 OF 2020
Exh.13.
Nayan Laherchand Mepani )
Age: 46 years; Occupation: Business )
Adult, Indian Inhabitant residing at, 401, )
Shivam CoOperative Housing Society Ltd., )
Walji Ladha Road, Near Kalidas, )
Mulund (West), Mumbai – 400 080 )...Plaintiff
Versus
Jayesh R. Dedhia )
Full name: not known, Age: not known, )
Residing at D50, Empire Mahal, 806, )
Dr. B. A. Road, Khodadad Circle, )
Dadar, TT, Mumbai – 400 014 )
And
B201/202, Pratap Heritage CHS, )
Opp. Veer Savarkar Udyan, L. T. Road, )
Borivali (West), Mumbai – 92 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 31st MARCH, 2021.
Ms. Preeti Gada, Advocate for Plaintiff.
None for Defendant. (Exparte).
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Comm.Suit No. 17/2020. 2 Ex-parte Judgment.
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.27,26,625/ (Rupees
Twentyseven Lakhs Twentysix Thousand Six Hundred Twentyfive
Only) with further interest at the rate of 1.05% p.m. The suit is based
on bill of exchange cum 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. Plaintiff advanced a friendly loan of the sum of Rs.25,00,000/
(Rupees Twentyfive Lakhs Only) on 21/01/2016 by way of cheque
bearing no. 529993 of CITI Bank. Defendant has executed a Bill of
Exchange cum Promissory Note of Rs.25,00,000/ (Rupees Twentyfive
Lakhs Only) on 21/01/2016. As per agreement between them,
defendant has paid the interest as mentioned in paragraph no.5 of the
plaint till 30/09/2018. From 01/10/2018 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.27,26,625/ (Rupees Twentyseven
Lakhs Twentysix Thousand Six Hundred Twentyfive Only) with
further interest at the rate of 1.05% p.m.
3. Summons is duly served through bailiff in view of service
report vide Exh.2, defendant is failed to appear. Hence, suit is
proceeded exparte.
4. Notice is appropriately served by RPAD. Defendant is
failed to appear in preinstitution mediation. Perused nonstarter report
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Comm.Suit No. 17/2020. 3 Ex-parte Judgment.
submitted by the Secretary, DLSA.
5. To substantiate the claim, PW 1 Nayan Mepani deposed
before the Court vide Exh.3. PW 1 has submitted statement of truth
vide Exh.4 and affidavit under Section 65B of Evidence Act vide Exh.5.
Perused documents submitted by plaintiff with list Exh.6.
6. In view of certificate issued by the bank vide Exh.7, an
amount of Rs.25,00,000/ (Rupees Twentyfive Lakhs Only) came to be
transferred by the plaintiff by cheque no. 529993 to the account of
defendant. Defendant has executed a Bill of Exchange cum Promissory
Note vide Exh.8. In view of Exh.9, it is clarified by the plaintiff that
defendant has paid the interest upto 30/09/2018. In default to pay
further, plaintiff has issued a notice through advocate on 31/05/2019
vide Exh.10. Perused track report submitted by Postal Department vide
Exh.11. 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.27,26,625/ (Rupees
Twentyseven Lakhs Twentysix Thousand Six Hundred
Twentyfive 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. 17/2020. 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 : 08/04/2021.
3. Signed on : 09/04/2021.
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
09/04/2021. 2.24 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 09/04/2021.
Judgment/Order uploaded on 09/04/2021.
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