Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 688 of 2019.
Filed on : 11.06.2019
Registered on : 04.07.2019
Decided on : 16.03.2020
Duration : Year-00 Month-09 Days-06
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.688 OF 2019
(CNR NO.MHCC01-005726-2019)
Exhibit-13
Mr. Subhash Yelappa Kutade
of Mumbai,
Age: 34 years,
Occupation Money Lender,
Address – Room No.14,
Navjevan Seva Society,
Shivaji Nagar, Shingrewadi,
Bailbazar, Kurla West,
Mumbai- 400 070 ….Plaintiff
..Versus..
Mr. Suryakant Ashok Patekar,
Indian Inhabitant,
Age: 33 years,
Address: Room No.05, More Chawl,
Hanuman Nagar, Pratap Nagar Road,
Bhandup West, Mumbai- 78.
And
also having his work place at Municipal
Corporation of Greater Mumbai,
Address: Department Suraksha Khatte,
Lokmanya Tilak Municipal General Hospital,
Sion Hospital, Sion,
Mumbai-400 022 ....Defendant
SUIT FOR RECOVERY OF Rs.2,18,000/-.
-- 1 of 6 --
2 Sum. Suit No. 688 of 2019
Appearance:-
Mr. Balbhim Patil, Advocate for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 16th 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.
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 25.12.2018 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.2,18,000/-.
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 :-
-- 2 of 6 --
3 Sum. Suit No. 688 of 2019
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.2,18,000/- with
interest
@ 18 percent per
month on principal
amount of
Rs.2,00,000/-
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
8 Original Demand Promissory Note for
Rs.2,00,000/-
25.12.2018
9 Form No.10 25.12.2018
10 Office copy of demand notice along with
original Postal receipts and one
acknowledgment
06.03.2019
11 Money Lending License of the plaintiff
pertaining to loan period.
13.07.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-8 to 11
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-8 to 11 goes
-- 3 of 6 --
4 Sum. Suit No. 688 of 2019
to establish that the defendant are liable to pay Rs. 2,18,000/- 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.2,18,000/-. from the defendant.
7. The plaintiff has claimed 18% per month 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, 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.2,18,000/-. from the defendant and he
is also entitled to recover interest on principal amount of Rs.2,00,000/-
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.
-- 4 of 6 --
5 Sum. Suit No. 688 of 2019
: O R D E R :
1. The defendant do pay Rs.2,18,000/- (Rs. Two Lakhs and
Eighteen Thousand Only) to the plaintiff and he shall also
pay interest to the plaintiff on principal amount of
Rs.2,00,000/- at the rate of 18% per month 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 :16.03.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 16.03.2020.
Signed on : 16.03.2020.
-- 5 of 6 --
6 Sum. Suit No. 688 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
16.03.2020 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 16.03.2020
Order signed by P.O. on 16.03.2020
Order uploaded on 16.03.2020
-- 6 of 6 --