Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 680 of 2019.
Filed on : 02.04.2019
Registered on : 03.07.2019
Decided on : 02.03.2020
Duration : Year-00 Month-11 Days-01
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.680 OF 2019
(CNR NO.MHCC01-003723-2019)
Exhibit-08
Kamal Champshi Goshar
Age: 37 years
Address - 298, Narshi Natha Street,
Msjid Bunder,
Mumbai - 09. ….Plaintiff
..Versus..
Pradeep Kantilal Thakkar
Address - 152, Golwale Mansion Kilachand Road,
Kandivali West, Mumbai – 67.
And
32/34, Kapur Building,
J.P. Road, Andheri West,
Mumbai- 400 058. ....Defendant
SUIT FOR RECOVERY OF Rs.2,40,667/-
Appearance:-
Advocate, Vishakhi Bhatiya for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 02nd March, 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. The facts of the suit are summarized as under :-
The plaintiff is a HUF and Mr. Kamal Champshi Goshar is
a Karta. The defendant as he was in the need of Rs.2,00,000/- for his
business and on his request plaintiff advanced him loan amount of
Rs.2,00,000/- on 31.10.2016 vide cheque. The plaintiff has paid said
amount to the defendant cheque of Rs.2,00,000/- dated 05.06.2015.
The defendant has executed promissory note on 31.01.2016 and
promised to pay the said amount alongwith interest @ 1.25% p.a. to the
plaintiff. The defendant failed to pay to the plaintiff inspite of demands,
reminders and receipts of Legal Notice dated 27.11.2015. It is the case
of the plaintiff that on the date of the suit defendant is liable to pay
Rs.2,40,667/- Hence, plaintiff is constrained to file the suit for recovery
of the said amount with interest.
3. The suit summons were duly served on the defendant 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 What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Rs.2,00,000/- with
interest @ 15% p.a.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff Kamal Champshi Goshar file Affidavit of Evidence in
Lieu of Examination in Chief of the plaintiff on Exhibit-3. In order to
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prove the case of the plaintiff filed following documentary evidence.
Exhibit.
No. Description of documents Date
5 Original Pass book of plaintiff of Dena
bank
--
6 Original Promissory Note along with the
Original Receipt from Hansdeep Finance
corporation.
31.10.2016
7 Legal Notice dated 27.11.201.25
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-5 to 7
goes to establish that plaintiff has given amount of Rs.2,00,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.2,40,667/- is due and payable to the plaintiff from defendant
towards the loan amount. The defendant have failed to repay the said
loan amount to the plaintiff. The documents at list Exhibits-5 to 7 goes
to establish that the defendant are liable to pay Rs.2,40,667/- to the
plaintiff on the date of filing of the suit towards the said loan amount
and therefore, the defendant have failed to repay his loan amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.2,40,667/- from the defendant.
7. The plaintiff has claimed 1.25% per annumon 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. It appears from the
promisorry note Exhibit-06 that the defendant has promised to pay the
said amount on demand with interest @ 1.25% p.a. and the receipt
Exhibit-07 is issued by the plaintiff which shows the rate of interest @
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1.25% per month. Therefore it is held that there is no specific contract
as to a specific rate of interest existing between the parties. which shall
be levied. Therefore, rate of interest @ 15% per annum would be just
and proper to be awarded on the principle sum adjudged i.e. amount of
Rs.2,00,000/-. 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.2,40,667/- from the defendant
and plaintiff is also entitled to recover interest at the rate of Rs.15% per
annum on the principal sum amount of Rs.2,00,000/- from the date of
filing of the suit till its realization. Plaintiff is also entitled to recover
cost of the suit from defendant. Hence, in answered to point No.2, I
proceed to pass the following order.
: O R D E R :
1. The defendant pay Rs.2,40,677/- (Rs. Two Lakhs Only)
to the plaintiff and defendant shall pay interest at the
rate of 15% per annum on principal amount of
Rs.2,00,000/- from the date of filing of the suit till its
realization.
2. The 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 :02.03.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 02.03.2020.
Signed on : 02.03.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
02.03.2020 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 02.03.2020
Order signed by P.O. on 02.03.2020
Order uploaded on 02.03.2020
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