Bangalore District Court
Mr.Nagaiah vs Mr.Prakash on 1 September, 2016
C.R.P.67] Government of Karnataka
Form No.9
(Civil) Title Sheet for
Judgement in
Suits
ITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF SMALL CAUSES, (SCCH-09)
AT BANGALORE
PRESENT: SRI. SATISH J.BALI,
B.Com., LL.M.,
X Addl.Judge, Court of Small Causes
(SCCH-16) Bangalore.
DATED THIS THE 1st DAY OF SEPTEMBER 2016.
S.C No. 845/2016
*****
PLAINTIFF: : Mr.Nagaiah
S/o.Late.Thimmaiah
Aged about 45years
R/at No.1181
18th Main, Srinagar
Bangalore-50.
(Pleader by Sri.Srinivasa Gowda))
Vs
DEFENDANT: : Mr.Prakash
Father's name not known
Aged about 48years
R/at No.7, 2nd Main, 2nd Cross
Raghavendra Nagar
Kalidasanagara
Bangalore-50.
(Placed Exparte)
*******
Date of Institution of : 3-06-2016
suit
2 SCCH-16
SC No.845/2016
Nature of the suit : Recovery of money.
Date of the :
commencement of 10-8-2016
recording of the
evidence
Date on which the : 1-9-2016.
Judgment was
pronounced
: YEARS MONTHS DAYS
Total duration 00 02 08
JUDGEMENT
This suit is filed claiming the decree for recovery of Rs.1,15,000/- from the defendant, with interest at the rate of 12% p.a.
2. The case of the plaintiff, as made out in the plaint is as follows:-
The plaintiff and defendant are very well known to each other and they are close friends. The defendant requested the plaintiff for financial help of Rs.1,00,000/- for his domestic purpose and other legal necessities.
Accordingly, the plaintiff on 2-2-2015, lend loan of Rs.1,00,000/- to the defendant and the defendant agreed
3 SCCH-16 SC No.845/2016 to pay the said amount within six months without interest and in case of his failure to repay the loan amount within six months, agreed to repay loan amount with bank rate interest. The plaintiff submits that the defendant while availing loan, he has executed loan agreement dt.2-2-2015 for a sum of Rs.1,00,000/-in favour of the plaintiff. The defendant after availing loan from the plaintiff, he failed and neglected to pay the amount inspite of repeated requests and remainders. The plaintiff has issued legal notice on 16-11-15 calling upon him to repay the loan amount with interest, within 15days from the date of receipt of notice. The legal notice was returned with a shara "unclaimed intimation delivered on 13-11-2015. But, the defendant did not repay the due amount nor replied the legal notice. On all these grounds, the plaintiff claimed a decree for recovery of Rs.1,15,000/- with interest at the rate of 12% p.a. 4 SCCH-16 SC No.845/2016
3. Inspite of service of suit summons to the defendant, he failed to appear before this court and hence, he is placed exparte.
4. To substantiate the claim, the plaintiff examined himself before this court as PW.1 and got marked documents as Exs.P.1 to P.4.
5. Heard the arguments and perused the materials on record.
6. The points that would arise for my consideration are:-
1. Whether the plaintiff proves that the defendant is in due a sum of Rs.1,15,000/- as claimed in the suit?
2. Whether the suit of plaintiff is in time?
3. Whether the plaintiff is entitled for the decree as prayed for?
4. What order or decree?
7. My answer for the above points are in the followings, because of my below-discussed reasons:-
Point No.1 : IN THE AFFIRMATIVE
5 SCCH-16
SC No.845/2016
Point No.2 : IN THE AFFIRMATIVE
Point No.3 : PARTLY IN THE AFFIRMATIVE
Point No.4 : AS PER FINAL ORDER
REASONS
POINT No.1:-
8. The plaintiff examined before this court as PW.1 and he has reiterated the plaint averments in his examination-in-chief affidavit.
9. Pw-1 produced the loan agreement as per Ex.P.1, which reveals that the defendant borrowed loan of Rs.1,00,000/- from the plaintiff for his domestic purpose by agreeing to repay the same within six months without interest. The defendant also agreed to repay loan amount with interest at the bank rate, in case, he failed to repay said loan amount within six months. The defendant also agreed to file a suit against him for recovery of loan amount, if he has not paid Rs.1,00,000/- within six months from the date of his borrowing.
10. Ex.P.2 is the legal notice, which reveals that the 6 SCCH-16 SC No.845/2016 plaintiff issued legal notice calling upon the defendant to repay the loan of Rs.1,00,000/- with interest at the bank rate from 2-2-2015 within seven days from the date of receipt of notice. The notice was returned with postal shara "unclaimed intimation delivered on 13-11-15" as per Ex.P.4. The defendant inspite of receipt of intimation, did not choose to pay loan amount nor replied the same. The defendant inspite of service of summons did not appear before this court and thereby he has indirectly admitted the claim of the plaintiff. PW-1 was not cross-examined. Therefore, the oral testimony of PW.1 and documents produced by the plaintiff as per Exs.P.1 to P.4 remained unchallenged. Absolutely, there is no rebuttal or contradictory evidence to disbelieve or to discard the undisputed pleadings and unchallenged evidence of the plaintiff. Accordingly, I answer point No.1 in the affirmative. POINT No.2:-
11. Ex.P.1-loan agreement executed by the defendant
7 SCCH-16 SC No.845/2016 for receipt of loan of Rs.1,00,000/-on 2-2-2015. The present suit was filed on 3-6-2016, which is well within the period of limitation. Hence, I answer point No.2 in the affirmative.
POINT No.3
12. The plaintiff claimed the interest at the rate of 12%. Ex.P.1 is the agreement entered between the plaintiff and the defendant with regard to the borrowing of Rs.1,00,000/- and specified bank rate of interest for the delay in paying the amount. However, the transaction is a commercial one. Hence, by considering the nature of transaction between the plaintiff and the defendant, I feel it is just and proper to award interest at bank rate of 9% p.a., from 2-2-2015 till decree and further he is also liable to pay future interest at the rate of 6% per annum from the date of decree till actual realization on the above said sum. Accordingly, I answer point No.3 Partly in the affirmative.
8 SCCH-16 SC No.845/2016 POINT No.4
13. In view of my above finding, the suit filed by the plaintiff is deserves to be decreed with costs. Hence, I proceed to pass the following orders:
ORDER The suit filed by the plaintiff is partly decreed with costs in the following terms.
The Defendant is directed to pay a sum of Rs.1,00,000/- with interest at the rate of 9% per annum from 2-2-2015 to till decree and further he is also liable to pay future interest at the rate of 6% per annum from the date of decree till actual realization on the above said sum.
Draw decree accordingly.
(Dictated to the stenographer, transcribed by her, corrected by me and then pronounced in the open court on this 1st day of September 2016) (SATISH.J.BALI), X Addl.Judge, Court of Small Causes Bangalore.
****** 9 SCCH-16 SC No.845/2016 List of witness examined on behalf of the plaintiff:
PW.1 Nagaiah List of documents exhibited on behalf of the plaintiff:
Ex.P1 : Loan agreement
Ex.P2 : Legal notice
Ex.P3 : Postal receipt
Ex.P4 : Un-served postal cover
List of witnesses examined on behalf of defendant:
-NIL-
List of documents exhibited on behalf of defendant:
-NIL-
***** (SATISH.J.BALI), X Addl.Judge, Court of Small Causes Bangalore.
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