Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Filed on :13.03.2020
Registered On :18.12.2020
Decided on :18.01.2022
Duration : Y-01/M-10/D-07
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 563 OF 2020
IN
Exhibit-08
CNR No. MHCC01-003178-2020
Premchand Gulabchandji
Age:
of Mumbai, an adult Indian Inhabitant,
Carrying on business of Money Lending at and
from 46, Modi Street, Ground Floor, Fort,
Mumbai- 400 001. ... Plaintiff
V/s.
1. Jagan Jayram Patil
age not known, of Mumbai an adult
Indian Inhabitant working for gain DRM office
Mumbai Central, 3rd Floor, Electrical
Department, Mumbai- 400 080, and residing
at, Room No. 3331, Kharde Kosbir Taluka ,
Vasai Post Dahisar.
2. Deepak Suresh Sosa
age not known, of Mumbai an adult
Indian Inhabitant working gain DRM office
Mumbai Central, 3rd Floor, Electrical
Department, Mumbai- 400 080, and residing
1
... Defendants
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at, Room No. 8/23,Dahisar RLY Quarters,
Manav Kalyan Opp. Navnit Hospital, Mumbai-
400 068.
SUIT FOR RECOVERY OF MONEY
Appearance:-
Mr. Ramesh Jain Advocate for the plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 18/01/2022
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of
Civil Procedure 1908 instituted by the plaintiff against the defendants.
2. The facts of the suit claim of the plaintiff are summarized
in nutshell as under :-
Plaintiff is doing business of money lending. The
defendants approached to him for loan. Hence, on 22.4.2017, the
defendants executed a Demand Promissory Note in favour of the
plaintiff for valuable consideration being a sum of Rs.60,000/- received
by the defendants 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.60,000 /- alongwith interest thereon @1.25%
per month. on demand. The defendants thereafter failed and neglected
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to repay the amount as per the stipulation and promise given in the
demand promissory note. Hence, after waiting for sufficient time, the
plaintiff issued advocate’s letter dtd.24.12.2019 calling upon the
defendants to make the repayment of the outstanding amount. The due
and payable amount against the defendants alongwith 1.25% per
month interest is Rs.85,495.89ps/-. Said amount is not paid by the
defendants. Hence, plaintiff is constrained to file the suit for recovery
of the said amount.
3. The suit summons were duly served on the defendants
but they 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 Whether plaintiff is entitled to
recover due amount from the
defendants as claimed ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.85,495.89ps/- with
interest
@ 1.25 % per month
on principal amount of
Rs.60,000/-
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to establish the suit claim, the plaintiff has filed
following documentary evidence below Exh.07 i.e the list of documents:
Sr.
No.
Description of documents Exhibits
1 Promissory Note dtd. 22.4.2017
being Exhibit “A” to the plaint
Exh. 7/1
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Sr.
No.
Description of documents Exhibits
2 Plaintiff’s Advocates’ letter dated
24.12.2019 being Exhibit “B” to
the plaint alongwith the postal
records in connection with the
transmission and delivery thereof.
Exh. 7/2
3 Money Lender Licence Exh.7/3
4 Forms under Bombay Money
Lending Act.
Exh.7/4
5 Books of Accounts. Exh.7/5
AS TO POINT NO.1 :-
6. It is pertinent to note that the present suit is proceeded under
order XXXVII of C.P.C as the same is not contested by the defendants.
The plaintiff has to establish the entitlement for the monetary relief,
undoubtedly, as per the procedure laid down in order XXXVII C.P.C,
once the suit is not contested by the defendants, the plaintiff is entitled
for the relief claimed in the suit plaint. Here, the plaintiff has produced
above referred documents including his money lending licence, which
made him entitle to lend money.
7. All the documents produced by the plaintiff at Sr.No.1 to 5 goes
to establish that plaintiff has given amount of Rs.60,000/-to the
defendants. The documents further prove that the amount of
Rs.85,495.89ps/- is due and payable to the plaintiff from defendants
jointly towards the amount. The defendants have failed to repay the
said amount to the plaintiff. The documents at Sr.No.1 to 5 goes to
establish that the defendants are liable to pay Rs.85,495.89ps/- to the
plaintiff on the date of filing of the suit towards the said amount. They
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failed to comply with the demand letter. In this background, it is held
that plaintiff is entitled to recover sum of Rs.85,495.89ps/- from the
defendant.
8. The plaintiff has claimed 1.25 % per month 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. The agreed rate of interest is 1.25% per month hence, I
hold that, the transaction being commercial one and the agreed rate of
interest is @ 1.25% per month , said rate of interest of 1.25 per month
would be just and proper to be awarded on the principal sum adjudged
i.e. amount of Rs.60,000/-. Hence, point No.1 is answered in the
affirmative.
AS TO POINT NO.2 :
9. In view of discussion and finding on point No.1, it is held
that plaintiff is entitled to recover Rs.85,495.89ps/- from the
defendants with interest on principal amount of Rs.60,000/- at the rate
of 1.25% per month 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 defendants shall pay Rs.85,495.89ps/-(Rs. Eighty
Five Thousand Four Hundred Ninety Five and Eighty
Nine paise Only) to the plaintiff with interest on principal
amount of Rs.60,000/- at the rate of 1.25% per month
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from the date of filing of the suit till its realization.
2. Defendants 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 :18/01/2022
(A.H.KASHIKAR)
AD-HOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.61)
Dictated on :18.1.2022
Typed on :18.1.2022
Signed on : 18.1.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/01/2022 3.00 p.m, ( K.M. Rana )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H. Kashikar (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
18/01/2022
JUDGMENT/ORDER signed by
P.O.on
18/01/2022
JUDGMENT/ORDER uploaded on 18/01/2022
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