Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Filed on : 01.02.2018
Registered on : 06.03.2018
Decided on : 24.02.2020
Duration : Yr-01 Mth-11 Days-20
THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.298 OF 2018
(CNR NO.MHCC01-001692-2018)
Exhibit-08
Mr. Shivaji Ganagaram Arote
Age: 29 years, Occupation: Business
Residence Address: Jai Shankar Chowk,
Halav Pool, Pipe Line,
Margusheth Chawl, Kurla West,
Mumbai - 400070.
…Plaintiff
..Versus..
Mr. Vishal Prakash Kuyate
Address - Zopadi Sangh No. 4,
Room No. 35, G. D. Ambekar,
Near Manohar Decorators, Khattha Vibhag,
Mumbai Parel,
Mumbai – 400 012. ...Defendant
SUIT FOR RECOVERY OF Rs.1,31,500/-
Appearance:-
Mr. Balbheem Patil, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 24th February, 2020.
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
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2 Sum .Suit No. 298 of 2018
2. The facts of the suit are summarized as under :-
The plaintiff is a Money Lender carrying on her money lending
business. The defendant executed in favour of the plaintiff a promissory
note of Rs.1,00,000/- dated 07.05.2016 against the amount received
from the plaintiff. The defendant had promised to pay to the plaintiff
the said sum of Rs.1,00,000/- with interest on demand. But, the
defendant failed to pay to the plaintiff inspite of demands and
reminders and receipt of the legal notice dated 04.12.2017. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.1,31,500/-.
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
Rs1,31,500/- with
interest
@ 18% per annum.
2 What order and decree? As per final order.
R E A S O N S
5. The Plaintiff Mr. Shivaji Ganagaram Arote filed affidavit at
Exhibit-4. In order to prove the case, the plaintiff filed following
documentary evidence.
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3 Sum .Suit No. 298 of 2018
Exhibit.
No.
Description of documents Date
6 Demand promissory note for
Rs.1,00,000/- executed by defendant in
favour of the plaintiff
07.05.2016
7 Legal notice along with two Postal
receipts and on A/D. Card, and one
return packet by postal department.
14.12.2017
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibit-6 and 7 go
to establish that plaintiff has given amount of Rs.1,00,000/- to the
defendant as loan. The documents further prove that the amount of
Rs1,31,500/- is due and payable to the plaintiff from defendant. The
defendant has failed to repay the said loan amount to the plaintiff. The
documents at list Exhibits-6 and 7 go to establish that the defendant is
liable to pay Rs1,31,500/- 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 Rs1,31,500/- from the defendant.
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 contract pertaining to the same between the parties. In the
present case the transaction is commercial one and there exists such
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 @ 18% per annum would be just and
proper to be awarded on the principle sum adjudged i.e. amount of
Rs1,31,500/-. Hence, point No.1 is answered in the affirmative.
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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 Rs1,31,500/- from the defendant with
interest at the rate of Rs.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 Rs1,31,500/- (Rs. One Lakhs
thirty one thousand five hundred Only) to the plaintiff
with interest 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. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date : 24.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 24.02.2020.
Signed on : 24.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
24.02.2020 5.45 p.m. Miss. N.T.Kokare
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 24.02.2020
Order signed by P.O. on 24.02.2020
Order uploaded on 24.02.2020
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