Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010010322019
Presented On :- 23.01.2019
Registered On :- 01.02.2019
Delivered On :- 18/03/2021
Duration :- Y-02/M-01/D-27
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.220 OF 2019
Exhibit-9
Sunkappa Gurappa Jadhav Age 46 Yrs.
Of Mumbai, an adult, Indian, inhabitant,
having his address at Lal Patra Chawl No.251,
Room No.10, Cross Road, Dharavi,
Mumbai-400 017 ….Plaintiff
Vs.
Mustufa B. Kazi, age not known
of Mumbai an adult Indian inhabitant
Working for gain with B.M.C.Office,H/Ward,
St. Martins Road, Bandra West,Mumbai-400 050
Department Road Repair Designation-Labour ....Defendant
SUIT FOR RECOVERY OF Rs.50,326.02 ps
Appearance:-
Adv.Mr.Ramesh Jain for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
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DATE : 18/03/2021
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 :-
On 12.05.2018, the defendant executed a promissory
note in favour of the plaintiff for valuable consideration being a sum of
Rs.45,000/-. The defendant had promised to pay to the plaintiff the said
sum of Rs.45,000/- with interest thereon, at the rate of 18 percent per
annum on demand. But, the defendant failed to pay to the plaintiff
inspite of demands, reminders . Hence, plaintiff is constrained to file the
suit for recovery of the said amount. The total suit claim of the plaintiff
for Rs.50,326.02 ps.
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
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.50,326.02 ps. with
interest
@ 18 percent per
annum on principal
amount of Rs.45,000/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. Mr. Sunkappa Gurappa Jadhav filed Affidavit in
Examination in Chief in Evidence of the plaintiff on Exhibit-7. In order
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to prove the case of the plaintiff produced following documentary
evidence.
Exhibit.
No.
Description of documents Date
8/1 Demand promissory note 12.05.2018
8/2 Notice of demand 24.07.2018
8/3 Money Lending License 31.12.2018
8/4 Photo copy of Form No.10 12.05.2018
8/5 Photo copy of Cash Entry 04.05.2018
8/6 Photo copy of Ledger Entry 04.05.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-8/1
to 8/6 goes to establish that plaintiff has given amount of Rs.45,000/-
to the defendant. The documents further proves that the amount of
Rs.50,326.02 ps. is due and payable to the plaintiff from defendant
towards the amount. The defendant have failed to repay the said
amount to the plaintiff. The documents at list Exhibits-8/1 to 8/6 goes
to establish that the defendant is liable to pay Rs.50,326.02 ps. to the
plaintiff on the date of filing of the suit towards the said loan amount
and therefore, the defendant 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.50,326.02 ps. from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
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
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contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a commercial one and rate
of interest @ 18% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.50,326.02 ps. 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.50,326.02 ps. from the defendant
with interest on principal amount of Rs.45,000/- at the rate of 18% per
annum from the date of filing of the suit till its realization. Plaintiff is
also entitled to recover cost of the suit from defendant. Hence, in
answered to point No.2, I proceed to pass the following order.
O R D E R
1. The defendant shall pay Rs.50,326.02 ps.(Rs. Fifty
Thousand Three Hundred Twenty Six and Two Paise
Only) to the plaintiff with interest on principal amount of
Rs.45,000/- at the rate of 18% per annum from the date
of filing of the suit till its realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date : 18/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :18/03/2021
Typed on : 18/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18.03.2021 04.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
18/03/2021
JUDGMENT/ORDER signed by
P.O.on
18/03/2021
JUDGMENT/ORDER uploaded on 18/03/2021
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