Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Filed on : 12.06.2019
Registered on : 20.06.2019
Decided on : 14.02.2020
Duration : Yr-00 Mth-07 Ds-25
THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.627 OF 2019
(CNR NO. MHCC01-005780-2019)
Exhibit-10
1. Mr. Sitaram Parshuram Salunkhe
Age : 63years, Occ.: Advocate.
Address : Room No.201, Shyam Sundar Sadan,
2nd Floor, S.J. Marg, Lower Parel(W),
Mumbai-400 013.
2. Mrs. Deval Sitaram Salunkhe
Age : 58 years, Occ.: Housewife,
Address : Room No.201, Shyam Sundar Sadan,
2nd Floor, S.J. Marg, Lower Parel(W),
Mumbai-400 013. ….Plaintifs
VERSUS
Mr. Pravin Prakash Yadav
Age : 30 years, Occ.: Service,
Address : At-Kusavade, Post-Helvak,
Taluka-Patan, District – Satara.
Pin code– 415207. ....Defendant
SUIT FOR RECOVERY OF Rs.5,25,000/-
Appearance:-
Mr. M.P. Pawar, Advocate for the Plaintiff.
Exparte againft Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 14th February, 2020.
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2 Sum .Suit No. 627 of 2019
: 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 :-
Plaintif No.1 is husband of plaintif No.2. Defendant is the
friend of plaintif No.1. Plaintifs advanced to the defendant
the sum of Rs.5,25,000/- by cheque bearing No.007669 dated
16.06.2016 for which the defendant had executed Promissory
note in favour of the Plaintifs. The defendant had promised to
pay to the plaintif the said sum of Rs.5,25,000/- on demand.
But, the defendant failed to pay to the plaintif inspite of
demands, reminders and receipt of the legal notice dated
18.11.2018. Hence, plaintif is constrained to fle the suit for
recovery of the said amount. The total suit claim of the
plaintif for Rs.5,25,000/-.
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.
4. The following points arise for my determination and my
fndings there on are as under for the reasons stated there
under :-
POINTS FINDINGS
1 What is due and payable from
the defendant to the plaintif
A] If yes, what would be the rate
of interest
Amount of
Rs.5,25,000/- with
interest
@ 10% per annum.
2 What order and decree Suit is decreed.
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3 Sum .Suit No. 627 of 2019
R E A S O N S
5. In order to prove the case of the plaintif fled following
documentary evidence.
Exhibit.
No.
Description of documents Date
5 Promissory Note of Rs.5,25,000/-. 16.06.2016
6 Receipt of amount of Rs.5,25,000/-
given by the defendant.
16.06.2016
7 Plaintif No.1’s notice and
acknowledgment
07.08.2018
8 Advocate’s demand notice dated
17.11.2018 and acknowledgment
dated 18.11.2018.
17.11.2018
&
18.11.2018
9 Plaintif No.1’s fnal legal notice
dated 06.05.2019 and postal
receipt and track consignment
report dated 09.05.2019
06.05.2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintif at Exhibits-5
to 9 prove that plaintifs have given amount of Rs.5,25,000/-
to the defendant as loan. The documents further prove that
the amount of Rs.5,25,000/- is due and payable to the
plaintifs from defendant towards the loan amount. The
defendant has failed to repay the said loan amount to the
plaintif. The documents at list Exhibits-5 to 9 go to establish
that the defendant is liable to pay Rs.5,25,000/- to the plaintif
on the date of fling of the suit towards the said loan amount
and therefore, the defendant has failed to repay his loan
amount to the plaintif. In this background, it is held that
plaintif is entitled to recover sum of Rs.5,25,000/-. from the
defendant.
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4 Sum .Suit No. 627 of 2019
7. The plaintif 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 no 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 at the rate of 10%
per annum would be just and proper to be awarded on the
principle sum adjudged i.e. amount of Rs.5,25,000/-. Hence,
point No.1 is answered in the afrmative.
AS TO POINT NO.2 :
8. In view of discussion and fnding on point No.1, it is
held that plaintif is entitled to recover Rs.5,25,000/-. from the
defendant with interest at the rate of Rs.10% per annum from
the date of fling of the suit till its realization. Plaintif 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.5,25,000/- (Rs. Five
Lakh Twenty Five Thousand Only) to the plaintifs
with interest at the rate of 10% per annum from
the date of fling of the suit till its realization.
2. Defendant do pay costs of the suit to the plaintif.
3. Decree be drawn accordingly.
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5 Sum .Suit No. 627 of 2019
4. Court fee, if any, be refunded as per rule.
Date :14.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 14.02.2020.
Signed on : 14.02.2020.
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6 Sum .Suit No. 627 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
14.02.2020 5.15 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
14.02.2020
Order signed by P.O. on 14.02.2020
Order uploaded on 14.02.2020
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