Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 38/2020. 1 Ex-parte Judgment.
MHCC010131602019
Presented on : 16-12-2019
Registered on : 20-01-2020
Decided on : 31-03-2021
Duration : 1 years, 3 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 38 OF 2020
Exh.13.
Hiravanti Laherchand Mepani )
Age: 74 years; Occupation: Housewife )
Adult, Indian Inhabitant residing at, )
401, Shivam CoOperative Housing Society )
Ltd., Walji Ladha Road, Near Kalidas, )
Mulund (West), Mumbai – 400 080 )...Plaintiff
Versus
Deepa J. Dedhia )
Full name and Age: not known )
Residing at B201/202, Pratap )
Heritage CHS, Opp. Veer Savarkar Udyan, )
L. T. Road, Borivali (W), Mumbai–400092 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 31st MARCH, 2021.
Ms. Preeti Gada, Advocate for Plaintiff.
None for Defendant. (Exparte).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.21,81,300/ (Rupees
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Comm.Suit No. 38/2020. 2 Ex-parte Judgment.
Twentyone Lakhs Eightyone Thousand Three Hundred Only) with
further interest at the rate of 1.05% p.m. The suit is based on bill of
exchange.
Plaintiff's case is narrated as follows :
2. Plaintiff is a housewife. Defendant approached the plaintiff
through broker Mr. R.H.Associates and requested for friendly loan.
Plaintiff has transferred the loan of Rs.20,00,000/ (Rupees Twenty
Lakhs Only) by RTGS on 28/06/2017 through CITI Bank. Defendant
has executed a Bill of Exchange in favour of plaintiff for the sum of
Rs.20,00,000/ (Rupees Twenty Lakhs Only) on 28/06/2017. 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 09/03/2019. Despite
repeated demand and a legal notice, defendant is failed to repay the
amount. Hence, this suit. It is claimed for recovery of Rs.21,81,300/
(Rupees Twentyone Lakhs Eightyone Thousand Three Hundred Only)
with further interest at the rate of 1.05% p.m.
3. As per roznama dated 18/02/2020, summons is duly
served through bailiff in view of service affidavit filed by the plaintiff
vide Exh.2. Defendant is failed to appear. Hence, suit is proceeded ex
parte against the defendant.
4. Notice is appropriately served by RPAD. Defendant is
failed to appear in preinstitution mediation. Perused nonstarter report
submitted by the Secretary, DLSA.
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Comm.Suit No. 38/2020. 3 Ex-parte Judgment.
5. To substantiate the claim, PW 1 Nayan Mepani – C.A. of
plaintiff, deposed before the Court vide Exh.3. PW 1 has submitted
statement of truth vide Exh.4. Perused documents submitted by
plaintiff with list Exh.5.
6. In view of certificate issued by the bank vide Exh.7, on
28/06/2017 an amount of Rs.20,00,000/ (Rupees Twenty Lakhs Only)
came to be transferred by the plaintiff by RTGS to the account of
defendant. On 28/06/2017 the defendant has executed a Bill of
Exchange 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 09/03/2019
vide Exh.10. The notice was duly served to the defendant by RPAD.
The acknowledgement card is at Exh.11. Defendant is failed to appear
despite due service of summons. It infers that she 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.21,81,300/ (Rupees
Twentyone Lakhs Eightyone Thousand Three Hundred
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. 38/2020. 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. 2.29 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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