Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 574 of 2019.
Filed on : 03.05.2019
Registered on : 06.06.2019
Decided on : 28.02.2020
Duration : Year-00 Month-09 Days-27
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.574 OF 2019
(CNR NO.MHCC01-004889-2019)
Exhibit-12
Sunkappa Guruppa Jadhav
Age:47 years
Address - Lal Patra Chawl No.251,
R.No.10, Cross Rd. Dharavi,
Mumbai 17 ….Plaintiff
..Versus..
Arun Raghunath Rajguru
Age: Adult
Address - Post Office, Sion P.O. Sion,
Mumbai 400 022 Department Post Office
....Defendant
SUIT FOR RECOVERY OF Rs.41,127.39ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 28th February, 2020.
: 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 :-
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2 Sum. Suit No. 574 of 2019
The plaintiff is carrying on business of money lending in Mumbai.
The defendant are working in Mumbai. On 24.04.2018 Defendant
executed a promissory note in favour of the plaintiff for valuable
consideration of Rs.35,000/- The defendant had promised to pay to the
plaintiff the said sum of Rs.35,000/- 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.41,127.39ps.
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.41,127.39ps. with
interest
@ 18 percent per
annum
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.
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3 Sum. Suit No. 574 of 2019
Exhibit.
No.
Description of documents Date
7 Promissory Note 24.04.2018
8 Plaintiff's advocate letter along with
postal records in connection with the
transmission and delivery thereof
30.05.2018
9 Money Lender License --
10 Form under Bombay Money Lending Act. --
11 Books of account. --
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to 11
goes to establish that plaintiff has given amount of Rs.35,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.35,000/- 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 11 goes to
establish that the defendant are liable to pay Rs.41,127.39ps. 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.41,127.39ps. 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
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
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4 Sum. Suit No. 574 of 2019
transaction and rate of interest @ 18% per annum would be just and
proper to be awarded on the principle sum adjudged i.e. amount of
Rs.41,127.39ps. 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.41,127.39ps. from the defendant
with interest 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 pay Rs.41,127.39/- (Rs. Forty One
Thousand One Hundred Twenty Seven and Thirty Nine
Paise Only) to the plaintiff with interest at the rate of
18% per annum from the date of filing of the suit till its
realization.
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 :28.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 28.02.2020.
Signed on : 28.02.2020.
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5 Sum. Suit No. 574 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
28.02.2020 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 28.02.2020
Order signed by P.O. on 28.02.2020
Order uploaded on 28.02.2020
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