Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.198/2018 1
Received on : 19012018
Registered on : 12022018
Decided on : 30072019
Duration : 01Y 06M 13D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 198 of 2018
( CNR NO.: MHCC010010752018)
Mr.Dayabhai Ratansi Jogadiya
an adult Indian Inhabitant
aged about 61 years, Occupation: Retired
having his office and residence address
at Central Railway Hutment No.10,
Shivdas Chapsi Marg, Mazgaon, Mumbai400 010. ...Plaintiff
Versus
1. Mr.Abdulrahim Gani Mulla
of Kalyan East an adult Indian, Inhabitant
Aged about 30 years, Occupation: Service with
Tata Power having work place address at
Employee No.202781, Department: Trombay
C & I Maintenance, Trombay Thermal
Power Station, Mahul Road, Chembur
Mumbai400 074. Tele Phone No.022 67175114
And also having his corporate office address
At The Tata Power Company Limited
Corporate Administration, Corporate Centre,
Sant Tukaram Road, Mumbai400 009.
And also having his residence address at
Room No.560, Opposite Lassi Traders,
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SUMMARY SUIT NO.198/2018 2
Netavlli Shill Road, Kalyan East,
District Thane Mobile No.902921294.
2. Mr.Govardhan Vasant Bandodkar
of Mumbai an adult Indian Inhabitant
Aged about 57 years, Occupation:Service
Having his office address at
Employee No.00153443, Department:
Trombay Operations, Trombay Thermal
Power Station, Mahul Road,
Chembur, Mumbai4 00 074. ...Defendants
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 30TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.3,00,000/(Rupees Three Lacs
only).
2. Plaintiff case in nut shell is that plaintiff and defendants are/ was
in service with TATA Power Company Limited and therefore were
known to each other. Defendant No.1 was in need of money or
repairing his house. Defendant No.1 approached plaintiff along with
defendant No.2 and requested for a friendly loan of Rs. 3,00,000/. On
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SUMMARY SUIT NO.198/2018 3
07/12/2015 plaintiff gave friendly loan of Rs.3,00,000/ to defendants.
Against the said loan defendant No.1 executed mortgage deed of his
house and defendant No.2 stood guarantor. After receipt of friendly
loan of Rs. 3,00,000/ defendants refused to repay the said amount
hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that on
07/12/2015 he had given friendly
loan of Rs. 3,00,000/ to
defendants?
Yes
2. Whether plaintiff proves that
amount of Rs. 3,00,000/ is due
and recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 3,00,000/ along
with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exh.4 and filed original
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SUMMARY SUIT NO.198/2018 4
documents of mortgaged deed and demand notice.
6. Heard Ld.counsel for plaintiff.
7. Affidavit is supported by documents. The original mortgaged
deed and demand notice shows that plaintiff and defendants are/ was
in service with TATA Power Company Limited and therefore were
known to each other. Defendant No.1 was in need of money for
repairing his house. Defendant No.1 approached plaintiff along with
defendant No.2 and requested for a friendly loan of Rs. 3,00,000/.On
07/12/2015 plaintiff gave friendly loan of Rs. 3,00,000/ to defendants.
Against the said loan defendant No.1 executed mortgage deed of his
house and defendant No.2 stood guarantor. After receipt of friendly
loan of Rs. 3,00,000/ defendants refused to repay the said amount. As
far as rate of interest is concerned, plaintiff has prayed for interest @
18% p.a. As this is friendly loan plaintiff cannot claim any interest from
the transaction but suddenly plaintiff can claim interest in his demand
notice. Unfortunately, in demand notice no rate of interest is claimed by
plaintiff. Therefore, interest @ 18% cannot be granted but as
defendants have used Rs. 3,00,000/ of plaintiff the interest @ 10% p.a.
can be granted. Therefore point No.1 to 3 answered as 'Yes' and
following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendants do jointly and severally pay to plaintiff a sum of
Rs.3,00,000/(Rupees Three Lacs only) along with interest @ of
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SUMMARY SUIT NO.198/2018 5
10%p.a.from the date of filing of the suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date:30/07/2019 City Civil Court,Gr. Bombay
Dictated on : 30/07/2019
Transcribed on : 01/08/2019
Signed on : 01/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/08/2019 atr 10.45p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
30/07/2019
Judgment/Order signed by P.O. on 01/08/2019
Judgment/Order uploaded on 02/08/2019
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