Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit No.557 of 2018
Received on : 04.07.2018
Registered on : 04.07.2018
Decided on : 21.01.2020
Duration : 0Y.06M.17D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.577 OF 2018
(CNR NO. MH CC010018942018)
Exhibit 9
Swati Sahebrao Gadge.
Age.: not known, Occ.: Money Lender,
Address: Room No.11, Stany Chawl,
Wadia Estate,
Kurla (West), Mumbai – 400 070. ….Plaintiff.
..Versus..
Babu Muttaya Katteli.
Age.: Not known, Occ.: Service,
Address: Bauddha Parnakutti, Behind
Kajupada Company, Kurla (West)
Mumbai – 400 070. ...Defendant.
SUIT FOR RECOVERY OF Rs.1,19,528.76ps.
Appearance:
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59).
DATE : 21 th January, 2020
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2 Summ. Suit No. 577 of 2019
: 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 carrying on Business of Money
Lending in her name at Room No.11, Stany Chawl, Wadia Estate,
Kurla (West), Mumbai – 400 070. The defendant is engaged in the
Municipal Corporation of Greater Mumbai. The defendant executed in
favour of the plaintiff a promissory note of Rs.1,00,000/ dated 10 th
June, 2016 against the loan of Rs.1,00,000/ received by the defendant
from the plaintiff on the the above said date by the said promissory
note. The defendant had promised to pay to the plaintiff the said sum
of Rs.1,00,000/ with interest thereon, at the rate of 18% per annum
on demand. But, the defendant failed to pay to the plaintiff inspite of
demands and reminders and receipt of the legal notice dated 12th April,
2017. Hence, plaintiff is constrained to file the suit for recovery of the
said amount. The total suit claim of the plaintiff for Rs.1,19,528.76 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 :
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3 Summ. Suit No. 577 of 2019
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.1,19,528.76 ps.
with interest
@ 18 % per annum.
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.
Exhibit.
No.
Description of
documents
Date
Exhibit4 Original Demand Promi
ssory Note of Rs.
1,00,000/
10/06/2016
Exhibit 5 Demand notice issued by
plaintiff's advocate along
with one postal envelop.
12/04/2017
Exhibit 6 Money Lending License of
the plaintiff pertaining to
loan period
30/08/2016
Exhibit7 Form No.8 10/06/2016
Exhibit 8 Cash book of the plaintiff
pertaining to loan
transaction between the
plaintiff and defendants.
10/06/2016
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit4, 5, 6, 7
and 8 goes 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 Rs.1,00,000/ is due and payable to the plaintiff from defendant
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4 Summ. Suit No. 577 of 2019
towards the loan amount. The defendant has failed to repay the said
loan amount to the plaintiff. The documents at list Exhibits 4 to 8 goes
to establish that the defendant is liable to pay Rs.1,00,000/. 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.1,19,528.76 ps. 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 no contract pertaining to the same between the parties. In
the present case the transaction is commercial one and there is 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
Rs.1,19,528.76ps. 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.1,19,528.76 ps 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:
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: O R D E R :
1. The defendant shall pay Rs.1,19,528.76 ps.(Rupees
One Lac Ninteen Thousand Five Hundred Twenty
Eight and Seventy Six 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:21.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 21.01.2020
Signed on : 21.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
23.01.2020 at 4.00p.m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.G.Shaikh
(Court Room No.59)
Date of pronouncement of Judgment 21.01.2020
Judgment signed by P.O. on 21.01.2020
Judgment uploaded on 23.01.2020
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