Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 11.06.2019
Registered on : 06.08.2019
Decided on : 07.02.2020
Duration : Yr00 Mth06 D03
THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.790 OF 2019
(CNR NO.MHCC010057352019)
Exhibit13
Mr. Subhash Yelappa Kutade,
Age.: 34 years, Occ.: Money Lender.
Address : Room No. 14, Navjivan Seva Society,
Shivneri Nagar, Shingrewadi, Bailbazar,
Kurla(W), Mumbai 70. ….Plaintiff
..Versus..
Mr. Satish Jetha Solanki,
Age.: Adult, Occ.: Service,
Residential Address : JaiVijay Mitramandal,
Opp. to All India Glass Factory,
Sandesh nagar, Bailbazar,
Kurla Andheri Road, Mumbai – 72.
And
Work place address at
Municipal Corporation of Gr. Mumbai,
Employee code No.04305297,
Department : Suburban Hospital,
11th Road, near to Vakola Bridge,
3rd Floor, Golibar,
Santacruz (E), Mumbai 55. ....Defendant
SUIT FOR RECOVERY OF Rs.2,95,000/
Appearance:
Mr.Balbheem Patil, Advocate for the Plaintiff.
Exparte against Defendant.
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CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 07 th 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 :
The plaintiff and the defendant are friends. The plaintiff is a
Money Lender. The defendant is engaged in the service at Municipal
Corporation of Greater Mumbai, Department Suburban Hospital, 11th
Road, near to Vakola Bridge, 3rd floor, Golibar, Santacruz (E), Mumbai
55. The defendant executed in favour of the plaintiff a promissory note
of Rs.2,50,000/ dated 10.12.2018 against the loan of Rs.2,50,000/
received by the defendant from the plaintiff on the the above said date
by the said promissory note. The defendant had promised to pay to the
plaintiff the said sum of Rs.2,50,000/ with interest thereon, at the rate
of 18% per annum on demand. But, the defendant failed to pay to the
plaintiff inspite of demands and reminders and receipt of the legal
notice dated 06.03.2019. Hence, plaintiff is constrained to file the suit
for recovery of the said amount. The total suit claim of the plaintiff for
Rs.2,95,000/.
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.2,50,000/ with
interest
@ 18 % per annum.
2 What order and decree? As per final order.
R E A S O N S
5. Plaintiff has filed his affidavit at Exhibit5. In order to prove the
case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
7 Original dishonored Demand
Promissory Note of
Rs.2,50,000/
10.12.2018
8 Form No.10. 10.12.2018
9 Demand notice alongwith
original postal receipts and one
return packets.
06.03.2019
10 Money Lending license
11 Cash book of the plaintiff
pertaining to loan transaction.
12 Ledger book of the plaintiff
pertaining to loan period.
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit7 to 12 go
to establish that plaintiff has given amount of Rs.2,50,000/ to the
defendant as loan. The documents further prove that the amount of
Rs.2,50,000/ is due and payable to the plaintiff from defendant
towards the loan amount. The defendant has failed to repay the said
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loan amount to the plaintiff. The documents at list Exhibit7 to 12 go to
establish that the defendant is liable to pay Rs.2,50,000/ 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.2,50,000/ 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
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.2,50,000/. 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.2,50,000/ 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 defendants. 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.2,50,000/ (Rs. Two Lakh
Fifty Thousand Only) to the plaintiff with interest at the
rate of 18% per annum from the date of filing of the suit
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till its realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date:07.02.2020 (Smt. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 07.02.2020.
Signed on : 07.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.02.2020 5.10 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 07.02.2020
Order signed by P.O. on 07.02.2020
Order uploaded on 07.02.2020
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