Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010036392020
Presented On :- 24/07/2020
Registered On :- 09/09/2020
Delivered On :- 19/03/2021
Duration :- Y-00/M-07/D-27
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.318 OF 2020
Exhibit-12
Premchand Gulabchandji
Age 80 years, of Mumbai, an adult Indian
Inhabitant, carrying on businessman of
Money Lending at and from 46, Modi
Street, Ground Floor, Fort, Mumbai-400 001 ….Plaintiff
Vs.
1.Pravin Jaysingh Sonawane
Age not known of Mumbai an adult Indian
Inhabitant Working for gain with Parcel Hub,
MTS, Mumbai G.P.O. , Fort, Mumbai-400 001
PF No:162475 and Residing at Room No. 005
H Wing, Ravindra Arcade, Balyani Road,
Titwala (East)-421 605
2. Jeevan Rama Tayde
Age not known of Mumbai an adult Indian
Inhabitant Working for gain with Distribuation Dept
Mumbai G.P.O. , Fort, Mumbai-400 001
and Residing at Room No.402, Building No.22,
New Govindwadi Kachoremoje,
Kalyan (East)-421 306 ....Defendants
SUIT FOR RECOVERY OF Rs.43,123.28ps
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Appearance:-
Adv. Mr.Ramesh Jain for the Plaintiff.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 19/03/2021
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 :-
The plaintiff is doing business of money lending. On
07.01.2020, the defendant executed a demand promissory note in
favour of the plaintiff for valuable consideration being a sum of
Rs.40,000/- received by the defendant from the plaintiff against and on
the basis of execution and handing over of the said demand promissory
note. The defendants had promised to pay to the plaintiff the said sum
of Rs.40,000/- with interest thereon, at the rate of 15% per annum on
demand. But, the defendants failed to pay to the plaintiff inspite of
demands, reminders. The plaintiff has sent legal notice dated
11.02.2020, but defendants 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.43,123.28ps.
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.
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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
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.43,123.28ps with
interest
@ 15% per annum on
principal amount of
Rs.40,000/-
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.
Exhibit.
No.
Description of documents Date
7 Demand promissory note 13.01.2020
8 Notice of demand 11.02.2020
9 Photo copy of Money Lending License 18.02.2020
10 Form No.10 13.01.2020
11 Books of account 31.03.2020
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to
12 goes to establish that plaintiff has given amount of Rs.40,000/- to
the defendants. The documents further prove that the amount of
Rs.43,123.28ps. is due and payable to the plaintiff from defendants
towards the amount. The defendants have failed to repay the said
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4 Sum. Suit No.318/2020
amount to the plaintiff. The documents at list Exhibits-7 to 11 goes to
establish that the defendants are liable to pay Rs.43,123.28ps. to the
plaintiff on the date of filing of the suit towards the said amount and
therefore, the defendants have failed to repay his amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.43,123.28ps. from the defendants.
7. The plaintiff has claimed 15% 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 @ 15% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.43,123.28ps. 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.43,123.28ps. from the defendants
with interest on principal amount of Rs.40,000/- at the rate of 15% 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 defendants shall pay Rs.43,123.28ps. (Rs. Forty
Three Thousand One Hundred Twenty Three and Twenty
Eight Paise Only) to the plaintiff with interest on
principal amount of Rs.40,000/- at the rate of 15% per
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5 Sum. Suit No.318/2020
annum 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 : 19/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :19/03/2021
Typed on :19/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/03/2021 05.35 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.59)
Date of Pronouncement of
JUDGMENT/ORDER
19/03/2021
JUDGMENT/ORDER signed by
P.O.on
20/03/2021
JUDGMENT/ORDER uploaded on 20/03/2021
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