MOHAMMED FAISAL EKRAM Vs. KAZI REZAUR RAHMAN

JUDGEMENT

(1.) The plaintiff has filed the instant suit under Order XXXVII of the Code of Civil Procedure, 1908 praying for a decree for a sum of Rs.11,50,000.00 against the defendant along with interest @ 24% per annum. The writ of summon was served upon the defendant on 16/9/2016 and as per the report of the Deputy Registrar (Ct. and J) dt. 25/7/2022, the defendant entered appearance through the Ld. Advocate on 20/12/2016 but has not filed written statement. The defendant has neither entered appearance nor had filed any application for leave to defend the suit within 10 days from the date of service of summons. The defendant belatedly some times in the month of October had filed an application being GA 3 of 2017 seeking unconditional leave to defend the suit but the same was also dismissed vide Order dt. 11/7/2022.

(2.) As per the plaint case, the defendant had approached the plaintiff for providing loan with an undertaking that the defendant will repay the same and accordingly on 26/2/2011, a Memorandum of Mortgage by Deposit of Title Deed was entered between the plaintiff and the defendant and the defendant had borrowed a sum of Rs.5,00,000.00 from the plaintiff with the condition, the defendant will repay the said amount along with interest of Rs.10,000.00 per month. On the same day i.e. 26/2/2011, the defendant had received Rs.5,00,000.00 from the plaintiff. After receipt of the said amount, the defendant failed to repay the said amount to the plaintiff inspite of the several requests made by the plaintiff. Finding no other alternative, the plaintiff had sent a legal notice to the defendant on 28/1/2015 calling upon the defendant to pay the entire loan amount to Rs.5,00,000.00 along with interest @ 2% per month total amounting to Rs.4,70,000.00 from 26/2/2011 to 26/1/2015. Inspite of receipt of notice, the defendant has neither return the loan amount along with interest nor had sent any reply to the said legal notice.

(3.) In the case reported in (2017) 1 SCC 568, the Hon'ble Supreme Court has fixed the following guidelines:-