Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010011492020
Filed on :28/01/2020
Registered On :17/02/2020
Decided on :12/08/2021
Duration :Y-07/M-06/D-16
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 212 OF 2020
Exhibit-4
Mr. Mohammed Khan Gulam Mohidin
of Fort Mumbai an adult, Indian
Inhabitant of Mumbai aged 49 years,
Occ.Carrying on business of Money
Lending at Room No.3, First Floor,
Mazda House, 34 Calicut Street,
S. B.S. Road Fort Mumbai-400 001 ….Plaintiff
Versus
Mr. Sameer Tukaram Talekar
of Mumbai an adult Indian
Inhabitant aged about 45 years
Occupation Service having his
residence address at Room No.230,
Simla Nagar, Napean Sea Road,
Mumbai-400 036. An also having
his office address at 10, Embassy
Centre, Nariman Point, Mumbai-400 021 ....Defendant
SUIT FOR RECOVERY OF Rs.89,600/-
Appearance:-
Adv. Mr. Balbheem Patil for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
JUDGE CITY CIVIL COURT
(C.R. NO.61).
DATE : 12/08/2021
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2 Sum. Suit No.212/2020
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 is a Money Lender. Defendant executed in
favour of plaintiff a promissory note of Rs.80,000/- dated 25/04/20218
against the loan of Rs.80,000/- received by the defendant from the
plaintiff on the above said date by the said promissory note. The
defendant had promised to pay to the plaintiff the said sum of
Rs.80,000/- with interest thereon, at the rate of 18% per annum on
demand. But the defendant failed to pay to the plaintiff in-spite of
demands, reminders and receipt of the notice of demand dated
18/07/2019. Hence, plaintiff is constrained to file the suit for recovery
of the said amount. The total suit claim of the plaintiff for Rs.89,600/-.
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.89,600/- with
interest at the rate of
18% per annum on
principal amount of
Rs.80,000/-.
2 What order and decree? Suit is decreed.
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3 Sum. Suit No.212/2020
R E A S O N S
5. In order to prove the case of the plaintiff produced
following documentary evidence at Exh.3.
Sr.
No. Description of documents Date
1. Demand promissory note 25/04/2019
2. Form No.10 25/04/2019
3. Notice 18/07/2019
4. Money Lending License 30/05/2019
5. Cash book and ledger book 25/04/2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No.1 to 5
goes to establish that plaintiff has given amount of Rs.80,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.89,600/- is due and payable to the plaintiff from defendant towards
the loan amount. The defendant has failed to repay the said loan
amount to the plaintiff. The documents at Sr.No.1 to 5 goes to establish
that the defendant is liable to pay Rs.89,600/- to the plaintiff on the
date of filing of the suit towards the said loan amount and therefore,
the defendant has failed to repay his loan amount to the plaintiff. In this
background, it is held that plaintiff is entitled to recover sum of
Rs.89,600/- 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
contract existing between the parties as to the rate of interest which
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4 Sum. Suit No.212/2020
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.89,600/-. 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.89,600/- from the defendant at
the rate of 18% p.a. on the principal amount of Rs.80,000/-. 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.89,600/-(Rs. Eighty Nine
Thousand Six Hundred Only) to the plaintiff with interest
on principal amount of Rs.80,000/- 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 :12/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :12/08/2021
Typed on :12/08/2021
Signed on :
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5 Sum. Suit No.212/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/08/2021 05.00 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.61)
Date of Pronouncement of
JUDGMENT/ORDER
12/08/2021
JUDGMENT/ORDER signed by
P.O.on
12/08/2021
JUDGMENT/ORDER uploaded on 12/08/2021
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