Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010041602020
Presented On :- 19.03.2020
Registered On :- 19.10.2020
Delivered On :- 09/03/2021
Duration :- Y-00/M-11/D-22
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 346 OF 2020
Exhibit-13
Yallapa Pochchapa Jadhav, age 30 years,
Indian Inhabitant carrying on business
at room No.78 Makadwala Chawl, Lay Shankar
Chowk, Masarani Lane, Halav Pul, Kurla (W),
Mumbai-400 070 ….Plaintiff
Vs.
Vijay Raghunath Pawar, adult, working for gain
with B.M.C. Office,C-Ward, Emp.CD No.03386932
P.C. No.2196, Desgn; Mistri, Shrikant Palekar
Marg, Chandanwadi, Mumbai-400 002 and residing
at B/5/304, 3rd Floor, Gress Colony, Nanabhat Road,
Bolinj, Virar (W), Ta. Vasai, Dist. Thane 401 303 ....Defendant
SUIT FOR RECOVERY OF Rs.2,99,000/-
Appearance:-
Adv. Mr. Rajesh M. Patil for the Plaintiff.
Exparte against Defendant.
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CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 09/03/2021
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 has lent and advanced to the defendant the
sum of Rs.2,30,000/- on 24.03.2017 in cash with interest at the rate of
18% p.a.for which the defendant had executed demand promissory note
in favour of the plaintiff. The plaintiff on several occasion orally
demanded from defendant the repayment of the said amount of
Rs.2,30,000/- but the defendant failed and neglected to pay the same.
Hence, the plaintiff by advocate’s notice dated 10.03.2020 finally called
upon the defendant to pa the said sum of Rs.2,30,000/- with upto the
interest but defendant failed and neglected either to pay the said sum or
to reply the said demand. That there is now due payable by the
defendant to the plaintiff a sum of Rs.2,99,000/-. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.2,99,000/-.
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.
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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
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.2,99,000/- with
interest
@ 18% per annum on
principal amount of
Rs.2,30,000/-
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 22.03.2017
8 Notice of demand 10.03.2020
9 Photo copy of Money Lending License 14.06.2016
10 Photo copy of Form No.10 22.03.2017
11 Photo copy of Cash Entry 23.03.2017
12 Photo copy of Ledger Entry 23.03.2017
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.2,30,000/- to
the defendant as loan. The documents further prove that the amount of
Rs.2,99,000/- 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-7 to 12 goes
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4 Sum. Suit No.346/2020
to establish that the defendant is liable to pay Rs.2,99,000/- 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.2,99,000/- from the defendants.
7. The plaintiff has claimed 18% 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 @ 18% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.2,99,000/-. 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.2,99,000/-. from the defendant
with interest on principal amount of Rs.2,30,000/- 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 defendant. Hence, in
answered to point No.2, I proceed to pass the following order.
O R D E R
1. The defendant shall pay Rs.2,99,000/- (Rs. Two Lakhs
Ninety Nine Thousand Only) to the plaintiff and interest
on principal amount of Rs.2,30,000/-at the rate of 18%
per annum from the date of filing of the suit till its
realization.
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2. 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 : 09/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :09/03/2021
Typed on :09/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09/03/2021 05.30 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
09/03/2021
JUDGMENT/ORDER signed by
P.O.on
09/03/2021
JUDGMENT/ORDER uploaded on 09/03/2021
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