Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010049472020
Presented On :- 18.03.2020
Registered On :- 04.11.2020
Delivered On :- 21.08.2021
Duration :-Y-01/M-05/D-03
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.410 OF 2020
Exhibit-3
Yallapa Pochchapa Jadhav
age 30 years, Indian Inhabitant
carrying on business at Room No.78
Makadwala Chawl, Jay Shankar chowk
Masarani Lane, Halav Pul, Kurla (W)
Mumbai-400 070 ….Plaintiff
..Versus..
Subhash Pandurang Pawar, adult,
working for gain with Department of Post
Emp No.MSDP-0507, GPF A/c No. PTN-159767,
RMS Sorting Divi; Mumbai Cercle, Near GPO-CSMT
Station, Mumbai-400 001 and residing at
C-35/4, Post & Telegraph Colony, Sahar Road,
Andheri (E), Mumbai-400 099 ....Defendant
SUIT FOR RECOVERY OF Rs.1,84,563/-
Appearance:-
Mr.Rajesh M. Patil, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
Gr. Mumbai (C.R. NO.61).
DATE : 21.08.2021
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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 has advanced to the defendant the sum of
Rs.1,20,000/- on 21.03.2017 in cash with interest at the rate of 18%
p.a.for which the defendant has executed demand promissory note in
favor of the plaintiff. The defendant had promised to pay to the plaintiff
the said sum of Rs.1,20,000/- with interest thereon, at the rate of 18%
per annum on demand. But, the defendant failed to pay to the plaintiff
inspite of demands, reminders . Thereafter, the plaintiff by advocate’s
notice dated 10.03.2020 called upon the defendant to pay the said sum
of Rs.1,20,000/- with up to date interest but defendant failed and
neglected either to pay the said sum or to reply the said demand. But,
the defendant 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.1,84,563/-.
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.
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.1,84,563/-with
interest
@ 18 % per annum on
principal amount of
Rs.1,20,000/-
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 at Exh.2.
Sr.
No.
Description of documents Date
1 Demand promissory note 21.03.2017
2 Notice of demand 10.03.2020
3 Photo copy of Money Lending License 14.06.2016
4 Photo copy of Form No.10 21.03.2017
5 Photo copy of Cash Entry 21.03.2017
6 Photo copy of Ledger Entry 21.03.2017
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No. 1 to 6
goes to establish that plaintiff has given amount of Rs.1,20,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.1,84,563/- is due and payable to the plaintiff from defendant
towards the loan amount. The defendant has failed to repay the said
loan amount to the plaintiff. The documents at Sr. No 1 to 6 goes to
establish that the defendant is liable to pay Rs.1,84,563/- to the plaintiff
on the date of filing of the suit towards the said loan amount and
therefore, the defendant has failed to repay his loan amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.1,84,563/- 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
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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.1,84,563/-. 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.1,84,563/- from the defendant
with interest on principal amount of Rs.1,20,000/- 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.1,84,563/- (Rs. One Lakh
Eighty Four Thousand Five Hundred Sixty Three Only) to
the plaintiff with interest on principal amount of
Rs.1,20,000/- 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 : 21/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :21/08/2021
Typed on :21/08/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/08/2021 05.00 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.61)
Date of Pronouncement of
JUDGMENT/ORDER
21/08/2021
JUDGMENT/ORDER signed by
P.O.on
21/08/2021
JUDGMENT/ORDER uploaded on 21/08/2021
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