Bangalore District Court
N.Purushothaman vs Sri.R.Vignesh on 24 January, 2018
IN THE COURT OF THE LV ADDL. CITY CIVIL & SESSIONS
JUDGE AT BANGALORE CITY: (CCH.56)
Dated this the 24th day of January, 2018.
Present
Present SRI.RAJASHEKAR VENKANAGOUDA PATIL,
B.A.,LL.B.,(Spl.)
XIX ADDL. CITY CIVIL & SESSIONS JUDGE,
&
C/C LV ADDL. CITY CIVIL & SESSIONS JUDGE,
O.S.NO.6855/2015
PLAINTIFF: N.Purushothaman,
s/o G.Narasimhan,
aged about 39 years,
No.u-18, III Cross,
Dayanandanagar,
Srirampuram,
Bangalore-560 021.
(By Sri.A.M.Surya Prakash, Advocate)
-VS-
DEFENDANT : Sri.R.Vignesh,
s/o Ramu,
aged about 40 years,
r/at No.U-14, 4th Cross,
Dayanandanagar,
Srirampuram,
Bangalore-560 021.
(By Sri.SRN, Advocate)
Date of Institution of the suit : 5/8/2015
2 O.S.No.6855/2015
Nature of the Suit : Recovery of money
Date of commencement of recording
of evidence : 18/2/2016
Date on which the Judgment was
pronounced : 24/01/2018
Year/s Month/s Day/s
Total Duration : 02 05 19
JUDGMENT
The plaintiff has filed this suit against defendant for recovery of Rs.1,11,500/- together with interest at the rate of 18% p.a. from the date of suit till realization.
2) The case of plaintiff in nutshell is that defendant is known to plaintiff and he borrowed Rs.1,00,000/- on 15/12/2014 as hand loan from the plaintiff for his domestic necessity and for his financial commitments agreeing to repay the same with interest at 18% p.a. For repayment of the said loan of Rs.1,00,000/-, defendant issued cheque bearing No.145903 for Rs.1,00,000/- dtd:15/12/2014 and requested the plaintiff to present the cheque only by 15/2/2015. After availing the loan, defendant has paid the interest at the rate of 18% p.a. for the month of January & February 2015 only. When the plaintiff presented the cheque for encashment, it was returned 3 O.S.No.6855/2015 dishonoured on 25/2/2015 with an endorsement "Account blocked". When plaintiff intimated the same to defendant and demanded for payment of the cheque amount, defendant failed to repay the same. Hence, plaintiff has got issued legal notice to the defendant calling upon the defendant to pay the outstanding amount. Inspite of issuance of legal notice, defendant failed to clear the outstanding loan amount. As on the date of filing of the suit, defendant was due a sum of Rs.1,00,000/- towards the loan amount, Rs.10,500/- towards interest at 18% from the date of cheque i.e., 15/12/2014 till filing of the suit and Rs.1,000/- towards notice charges, totally amounting to Rs.1,11,500/-. Hence, plaintiff was constrained to file the suit against defendant for recovery of said amount.
3) After service of summons, even though defendant appeared through his counsel, inspite of providing sufficient opportunities, defendant failed to file written statement within the stipulated period of time. Hence, written statement of defendant was taken as NIL and posted the case for plaintiff's evidence.
4) On behalf of plaintiff, plaintiff himself got examined as P.W.1 and got marked Ex.P.1 to Ex.P.4 and closed his side. 4 O.S.No.6855/2015
5) Heard arguments of plaintiff's counsel.
6) From the above facts, the points that arise for consideration are:-
1) Whether the plaintiff proves that on 15/12/2014 defendant borrowed Rs.1,00,000/- from the plaintiff as hand loan agreeing to repay the same with 18% interest and committed default in repaying the loan?
2) Whether the plaintiff is entitled for suit claim amount along with future interest at 18% p.a. as prayed for?
3) What order or decree?
7) My findings to the above points are:-
Point No.1: - In Affirmative;
Point No.2: - Partly in Affirmative;
Point No.3: - As per final order for the following:-
REASONS
8) Point Nos.1 & 2:- These two points are considered together as they require common discussion.
9) It is the case of plaintiff that on 15/12/2014 defendant borrowed Rs.1,00,000/- from the plaintiff as hand loan agreeing to repay the same with 18% interest and committed default in repaying the loan. The cheque issued by him in respect of the said loan returned dishonoured on 25/2/2015 with Bank endorsement "Account 5 O.S.No.6855/2015 blocked". Inspite of repeated requests, demands and issuance of legal notice dtd:16/3/2015, defendant failed to repay the loan amount.
Hence, plaintiff was constrained to file this suit for recovery of the outstanding loan amount from the plaintiff.
10) In support of his claim, plaintiff got himself examined as P.W.1 and got marked Ex.P.1 to Ex.P.4. P.W.1 has reiterated the plaint averments in to.
11) In order to corroborate his oral evidence plaintiff has produced dishonoured cheque dtd:15/12/2015 marked at Ex.P.1, cheque return memo at Ex.P.2, legal notice issued by plaintiff dtd:16/3/2015 at Ex.P.3 and postal receipt for having sent legal notice at Ex.P.4.
12) Perusal of these records makes it clear that on 15/12/2014 defendant borrowed Rs.One Lakh from the plaintiff agreeing to repay the same along with interest at 18% p.a. and committed default in repaying the loan and the cheque issued by defendant in this regard returned dishonoured with an endorsement "account blocked".
13) It is further relevant to note that the documents produced by plaintiff have remained unchallenged since defendant failed to 6 O.S.No.6855/2015 contest the suit by filing written statement even though he appeared through his counsel. In the absence of rebuttal evidence, there is no reason to disbelieve or discard the evidence and the documents produced by P.W.1. Defendant has not challenged the suit claim nor contested the suit.
14) Plaintiff claims future interest at the rate of 18% p.a. on the suit claim amount from the date of suit till the date of realization. There is no written agreement between the parties with regard to payment of future interest at 18% p.a. Acting under Section 34 of CPC, this court is inclined to award reasonable rate of interest at 10% p.a. on the principal amount of Rs.1,00,000/- from the date of suit till the date of realization in the interest of justice and equity. Hence, this court holds that the plaintiff bank has proved point Nos.1 & 2. Accordingly, point No.1 is answered in affirmative and point No.2 is answered partly in affirmative.
15) Point No.3:- In view of finding on point Nos.1 & 2, this court proceeds to pass the following:-
7 O.S.No.6855/2015
ORDER The suit is partly decreed with costs against defendant for a sum of Rs.1,11,500/- with future interest at 10% p.a. on the principal amount of Rs.1,00,000/- from the date of suit till the date of realization.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed and computerized by her, corrected by me in computer and then pronounced by me in the open Court on this the 24th day of January, 2018).
(Rajashekar Venkanagouda Patil) XIX ADDL.CITY CIVIL & SESSIONS JUDGE & C/C LV ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY.
ANNEXURE I. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 - N.Puroshothaman
(b) Defendant's side : N I L II. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Dishonoured cheque dtd:
15/12/2015
Ex.P.2 Cheque return memo
Ex.P.3 Legal notice issued by plaintiff
dtd:16/3/2015
Ex.P.4 Postal receipt
8 O.S.No.6855/2015
(b) Defendant's side : - Nil -
(Rajashekar Venkanagouda Patil)
XIX ADDL.CITY CIVIL & SESSIONS JUDGE &
C/C LVth ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY.
GVU/-