Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 34/2020. 1 Ex-parte Judgment.
MHCC010131622019
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. 34 OF 2020
Exh.13.
Hiravanti Laherchand Mepani )
Age: 74 years; Occupation: Housewife )
Senior citizen, Adult, Indian Inhabitant )
residing at, 401, Shivam CoOperative )
Housing Society Ltd., Walji Ladha Road, )
Near Kalidas, Mulund (W), )
Mumbai – 400080 )...Plaintiff
Versus
M/s. Simplex Exports )
Proprietor Mr. Jignesh Shah )
Full name and Age: not known, )
Residing at 201/202, Divine Castle, )
Sunita Kutir C.H.S. Ltd. 2nd Floor, )
Liberty Garden X Road–4, Malad (W), )
Mumbai – 400 064 )
And
2nd Floor, Divine Castile Cross Road )
Number4, Navy Colony NSC Colony, )
Malad (W), Mumbai400064 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 31st MARCH, 2021.
-- 1 of 4 --
Comm.Suit No. 34/2020. 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 housewife. 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 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.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. As per roznama dated 05/03/2020, summons is duly
served through bailiff in view of service affidavit filed by the plaintiff.
Defendant is failed to appear. Hence, suit is proceeded exparte.
4. Notice is appropriately served by RPAD. Defendant is
-- 2 of 4 --
Comm.Suit No. 34/2020. 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 – C.A. of
plaintiff, deposed before the Court vide Exh.2. PW 1 has submitted
statement of truth vide Exh.3. Perused documents submitted by
plaintiff.
6. In view of certificate issued by the bank vide Exh.6, 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.7. In view of
Exh.8, 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 09/03/2019 vide Exh.9. Perused letter dated
30/03/2019 issued by plaintiff's advocate to postal authority vide
Exh.10 and letter dated 01/04/2019 alongwith envelope and attached
slip received by plaintiff's advocate from 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.11,53,650/ (Rupees
Eleven Lakhs Fiftythree Thousand Six Hundred Fifty Only)
-- 3 of 4 --
Comm.Suit No. 34/2020. 4 Ex-parte Judgment.
with interest @ 12% p.a. from the date of suit till
realization, within two months from the date of decree.
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. 5.00 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.
-- 4 of 4 --