Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010015972020
Presented On :- 05.02.2020
Registered On :- 14.02.2020
Delivered On :- 06/08/2021
Duration :- Y-01/M-06/D-01
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 199 OF 2020
Exhibit-7
Yankavva Yallappa Andredi
Age 27 Year of Mumbai an adult Indian inhabitant
having her address at Room No.3, Chawl No.G/27
Matunga Labour Camp, Mumbai-400 019 through
C.A. Lakshya Yallappa Andrdi age Years ….Plaintiff
..Versus..
Santosh Sudam Nandgaonkar
Age not known of Mumbai, an adult
Indian inhabitant, working for gain with
Administrative Officer, ‘ B’ Ward Office, Solid
Waste Dept, Room No.27, Babula Tank Cross
Lane, 121, Ramchandra Bhatt Marg, Opp J. J.
Hospital, Mumbai-400 009 and Residing at
7/B, Siddhivinayak Tower, ‘ D’ Wing, Runwal Nagar
Kolbad Road, Thane- 400 601 and also 2/4, Dube
Chawl, Near Ashirwad Colony, Jai Bhai Road, Kalyan(E),
Vitthalwadi. ....Defendant
SUIT FOR RECOVERY OF Rs.2,17,260.27ps
Appearance:-
Adv. Mr. Ramesh Jain for the Plaintiff.
Exparte against Defendants.
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2 Sum. Suit No.199/2020
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.61).
DATE : 06/08/2021
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 21.07.2016, the defendant executed a Demand
Promissory Note in favour of the plaintiff for valuable consideration
being a sum of Rs.2,00,000/- received by the defendant from the
plaintiff against and on the basis of execution and handing over of the
said Demand Promissory Note. By the said demand promissory Note the
defendant promised to pay to the plaintiff said sum of Rs.2,00,000/-
alongwith interest thereon @18% p.a. on demand. The defendant
thereafter towards part repayment issued a cheque No.040292 of
Rs.2,00,000/- . But, the said cheque has been dishonoured. The
defendant failed to pay to the plaintiff inspite of demands, reminders.
The plaintiff sent advocate letter dated 24.12.2019 and called upon the
defendant. But defendant failed to pay to the plaintiff. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.2,17,260.27ps.
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 :-
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3 Sum. Suit No.199/2020
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.2,17,260.27ps with
interest
@ 18 % per annum on
principal amount of
Rs.2,00,000/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
documentary evidence at list Exh.6.
Sr. No. Description of documents Date
1 Demand promissory note 21/07/2019
2 Cheque 12/12/2019
3 Notice of demand 24/12/2019
4 Money Lending License 18/07/2019
5 Form No.10 21/07/2019
6 Books of Accounts 20/06/2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr.No.1 to 6
goes to establish that plaintiff has given amount of Rs.2,00,000/-to the
defendant. The documents further prove that the amount of
Rs.2,17,260.27ps 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 Sr.No.1 to 6 goes to establish
that the defendant is liable to pay Rs.2,17,260.27ps to the plaintiff on
the date of filing of the suit towards the said amount and therefore, the
defendant have failed to repay the said amount to the plaintiff. In this
background, it is held that plaintiff is entitled to recover sum of
Rs.2,17,260.27ps from the defendant.
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4 Sum. Suit No.199/2020
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
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.2,17,260.27ps. 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.2,17,260.27ps from the defendant
with interest on principal amount of Rs.2,00,000/- 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 defendants. 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.2,17,260.27ps (Rs. Two Lakhs
Seventeen Thousand Two Hundred Sixty and Twenty
Seven Paise Only) to the plaintiff with interest on
principal amount of Rs.2,00,000/- 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 :06/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :06/08/2021
Typed on :06/08/2021 Signed on :
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5 Sum. Suit No.199/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/08/2021 04.00 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
06/08/2021
JUDGMENT/ORDER signed by
P.O.on
06/08/2021
JUDGMENT/ORDER uploaded on 06/08/2021
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