Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 502 of 2019.
Filed on : 08.04.2019
Registered on : 25.04.2019
Decided on : 17.03.2020
Duration : Year-00 Month-11 Days-10
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.502 OF 2019
(CNR NO.MHCC01-004253-2019)
Exhibit-10
Yankavva Yallappa Andredi
Age: 45 years
Address – Room No.3,
Chawl No. G/27, Matunga Labour Camp,
Mumbai- 400 019
Through C.A.
Lakshya Yallappa Andredi ….Plaintiff
..Versus..
Mahendra Vasant Shedge
Age: Adult
Working for gain with
Domestic Airport,
Vileparle East,
Mumbai- 400 099.
And
Address – Shastri Nagar,
Near Sentor Hotel Room No.33,
Vile Parle East, Western Highway Road,
Mumbai - 400099. ....Defendant
SUIT FOR RECOVERY OF Rs.2,29,589.04ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 17th March, 2020.
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: 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 carrying on business of money lending in Mumbai.
The defendant are working in Mumbai. On 22.05.2018 Defendant
executed a promissory note in favor of the plaintiff for valuable
consideration of Rs.2,00,000/- The defendant had promised to pay to
the plaintiff the said sum of Rs.2,00,000/- with interest thereon, at the
rate of 18 percent per annum on demand. But, the defendant failed to
pay to the plaintiff inspite of demands, reminders . Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.2,29,589.04ps.
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?
Amount of
Rs.2,29,589.04ps. with
interest
@ 18 percent per
annum on the
principle amount of
Rs.2,00,000/-
2 What order and decree? Suit is decreed.
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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
5 Promissory Note 22.05.2018
6 Plaintiff’s advocate letter being Exhibit
“B” to the Plaint alongwith the postal
records in connection with the
transmission and delivery thereof.
11.02.2017
7 Money Lender License 30.07.2018
8 Forms under Bombay Money Lending Act 22.05.2018
9 Books of Accounts 20.05.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-5 to 9
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.2,00,000/- 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-5 to 9 goes
to establish that the defendant are liable to pay Rs.2,29,589.04ps. 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.2,29,589.04ps. 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
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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 month 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.2,29,589.04ps. from the defendant
with interest at the rate of Rs.18% per month 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.2,29,589.04/- (Rs. Two Lakhs
Twenty Nine Thousand Five Hundred Eighty Nine and
Four paise Only) to the plaintiff and with interest on
principle amount of Rs.2,00,000/- at the rate of 18% per
annum 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 :17.03.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 17.03.2020.
Signed on : 17.03.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
17.03.2020 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 17.03.2020
Order signed by P.O. on 17.03.2020
Order uploaded on 17.03.2020
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