Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum. Suit No. 164 of 2019
Presented On : 24.01.2019
Registered On : 24.01.2019
Delivered On : 15.01.2020
Duration : 00Y. 11M. 21D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.164 OF 2019
(CNR NO. MH CC010001922019)
Exhibit 11
Rameshkumar Babulal Shah.
Age.:58 years, Occ.: Nil,
Address: 12, Kakad Wadi,
Ground Floor, Mogre Building,
V.P.Road, Bombay – 400 004. ….Plaintiff
..Versus..
1. Keshav Hari Bhange.
Age.: Not known, Occ.: Service,
Address.: Office Central Railway,
Parel Work Shop, Equipment Control,
Parel, Mumbai – 400 012.
2. Dinkar Antu Ravidhone
Age.: Not known, Occ.: ,
Address.: 4/212, Mini Staff Quarters,
Saibaba Path, Parel, Mumbai – 400 012. ....Defendants.
SUIT FOR RECOVERY OF Rs.30,000/.
Appearance:
Mr.Dileep Sutale, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
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2 Sum. Suit No. 164 of 2019.
DATE : 15 th January, 2020
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil Procedure
1908.
2. The facts of the suit are summarized as under :
The plaintiff and defendant are residents of Mumbai and known to
each other. Defendant no.1 drew a Bill of Exchange dated 11th January
2017 and same accepted by the defendant no.2 and delivered to the
plaintiff. The plaintiff paid Rs. 30,000/ to the defendant no. 2 as per Bill
of Exchange. On 10th February, 2017 plaintiff presented Bill of Exchange
and demanded his money from defendant no.2. But, defendant no. 2
dishonoured the same by nonpayment. Thereafter, plaintiff informed to
defendant no.1 about the non payment of defendant no.1 and demanded
from defendant no.1 of his dues but he also failed and neglected to pay
dues of plaintiff. Inspite of demands, reminders of plaintiff and receipt
of the legal notice dated 08th October, 2018 , both defendants are failed to
pay dues. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for Rs.30,000/
3. The suit summons were duly served on the defendant but he failed
to appear. Hence, suit is posted for judgment as per order XXXVII Rule 2
(3) of Code of Civil Procedure 1908.
4. The following points arise for my determination and my
findings there on are as under for the reasons stated there under :
POINTS FINDINGS
1 What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of Rs.30,000/
at the rate of 10 % per
annum.
2 What order and decree? As per final order.
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3 Sum. Suit No. 164 of 2019.
R E A S O N S
5. The plaintiff Rameshkumar Babulal Shah has filed his affidavit at
Exhibit6 In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit8 Bill of Exchange of
Rs.30,000/.
11/01/2017
Exhibit 9 Demand Letter issued by
plaintiff's advocate along
with original postal record
and acknowledgment.
08/10/2018
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8 and 9 goes
to establish that plaintiff has given amount of Rs.30,000/ to the
defendants as loan. The documents further prove that the amount of
Rs.30,000/ is due and payable to the plaintiff from defendants towards
the loan amount. Defendants have failed to repay the said loan amount
to the plaintiff. The documents at list Exhibits 8 and 9 goes to establish
that the defendants are liable to pay Rs.30,000/ to the plaintiff on the
date of filing of the suit towards the said loan amount and therefore the
defendants have failed to repay his loan amount to the plaintiff. In this
background, it is held that plaintiff is entitled to recover sum of
Rs.30,000/ from defendants.
7. The plaintiff has claimed 18% per annum on the principle
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceeds 6% per annum, if the transaction is commercial and
there is no contract pertaining to the same between the parties. In the
present case the transaction is commercial one and there is no such
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4 Sum. Suit No. 164 of 2019.
contract existing between the parties as to the rate of interest which shall
be levied. Therefore, the transaction is a simple handloan transaction and
rate of interest @ 10% per annum would be just and proper to be
awarded on the principle sum adjudged i.e. amount of Rs.30,000/.
Hence, point No.1 is answered in the affirmative.
AS TO POINT NO.2:
8. In view of discussion and finding on point No.1 it is held
that plaintiff is entitled to recover Rs.30,000/ from the defendant with
interest at the rate of Rs.10% per annum from the date of filing of the suit
till its realization. Plaintiff is also entitled to recover cost of the suit from
defendants. Hence, in answered to point No.2, I proceed to pass the
following order.
: O R D E R :
1. Defendant no. 1 & 2 shall jointly or severally pay
Rs.30,000/ (Rupees Thirty Thousand only) to the plaintiff
with interest at the rate of 10% per annum from the date of
filing of the suit till its realization.
2. Defendants do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date:15.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 15.01.2020
Signed on : 15.01.2020
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5 Sum. Suit No. 164 of 2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
18.01.2010 04.50 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 15.01.2020
Order signed by P.O. on 15.01.2020
Order uploaded on 18.01.2020
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