Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 12.06.2019
Registered on : 06.08.2019
Decided on : 10.02.2020
Duration : Yr-00 Mth-06 Days-06
THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.791 OF 2019
(CNR NO.MHCC01-005781-2019)
Exhibit-15
Mrs. Radhabai Sandeep Gadge,
Age : 26 years, Occ. : Money Lender,
Office Address : RooN No.O, Nobel Co-operatioe
Housing Society Ltd., Halao Pool Road,
Kurla (W), MuNbai – 400 070.
Through her duly constituted attorney
Mr. Sandeep Saibu Gadge,
Age : 27 years, Occ. : Seroice,
Address : RooN No.O, Nobel Co-operatioe
Housing Society Ltd., Halao Pool Road,
Kurla (W), MuNbai – 400 070. …Plaintif
..Versus..
Mr. Sameer Suryakant Tople
Age : 42 years, Occ.: Seroice,
Office Address : Office o: GooernNent Pleader,
High Court, MuNbai – 400 0O2.
And
Residence Address : B-101/B, GooernNent
Colony, Bandra (E),
MuNbai – 400 051. ...Defendant
SUIT FOR RECOVERY OF Rs.2,96,800/-
Appearance:-
Mr. Balbheem Patil, Advocate for the Plaintif.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 10th February, 2020.
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2 Sum .Suit No. 791 of 2019
: J U D G M E N T :
1. This is a suNNary suit under order XXXVII o: Code o: Cioil
Procedure 1908.
2. The :acts o: the suit are suNNarized as under :-
The plaintif is a Money Lender carrying on her Noney
lending business through her duly constituted attorney Mr.
Sandeep Saibu Gadge. The de:endant is working :or gain with
office o: the GooernNent Pleader, High Court, MuNbai. The
de:endant executed in :aoour o: the plaintif a proNissory note
o: Rs.2,80,000/- dated 10.04.2018 against the loan o:
Rs.2,80,000/- receioed by the de:endant :roN the C.A. o:
plaintif on the the abooe said date by the said proNissory
note. The de:endant had proNised to pay to the plaintif the
said suN o: Rs.2,80,000/- with interest on deNand. But, the
de:endant :ailed to pay to the plaintif inspite o: deNands and
reNinders and receipt o: the legal notice dated 02.05.2019.
Hence, plaintif is constrained to fle the suit :or recooery o:
the said aNount. The total suit claiN o: the plaintif :or
Rs.2,96,800/-.
O. The suit suNNons were duly seroed on the de:endant
but he :ailed to appear. Hence, suit is posted :or judgNent as
per order XXXVII Rule 2 (O) o: Code o: Cioil Procedure 1908.
4. The :ollowing points arise :or Ny deterNination and Ny
fndings there on are as under :or the reasons stated there
under :-
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3 Sum .Suit No. 791 of 2019
POINTS FINDINGS
1 What is due and payable :roN
the de:endant to the plaintif
A] I: yes, what would be the rate
o: interest
ANount o:
Rs.2,80,000/- with
interest
@ 18% per annuN.
2 What order and decree As per fnal order.
R E A S O N S
5. C.A. o: plaintif fled affidaoit at Exhibit-6. In order to
prooe the case, the plaintif fled :ollowing docuNentary
eoidence.
Exhibit.
No.
Description of documents Date
8 Original dishonored DeNand
ProNissory Note o: Rs.2,80,000/-.
10.04.2018
9 ForN No.10. 20.04.2018.
10 DeNand notice alongwith original
postal receipts and one return
packet.
02.05.2019.
11 Money lending license o: plaintif. --
12 Casb book o: the plaintif. --
1O Ledger Book o: the plaintif. --
AS TO POINT NO.1 :-
6. All the docuNents produced by the plaintif at Exhibit-8
to 1O go to establish that plaintif has gioen aNount o:
Rs.2,80,000/- to the de:endant as loan. The docuNents :urther
prooe that the aNount o: Rs.2,80,000/- is due and payable to
the plaintif :roN de:endant towards the loan aNount. The
de:endant has :ailed to repay the said loan aNount to the
plaintif. The docuNents at list Exhibits-8 to 1O go to establish
that the de:endant is liable to pay Rs.2,80,000/- to the plaintif
on the date o: fling o: the suit towards the said loan aNount
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4 Sum .Suit No. 791 of 2019
and there:ore, the de:endant has :ailed to repay his loan
aNount to the plaintif. In this background, it is held that
plaintif is entitled to recooer suN o: Rs.2,80,000/- :roN the
de:endant.
7. The plaintif has claiNed 18% per annuN on the principle
aNount. As per section O4 o: the Code o: Cioil Procedure the
rate o: interest Nay exceeds 6% per annuN, i: the transaction
is coNNercial and there is contract pertaining to the saNe
between the parties. In the present case the transaction is
coNNercial one and there is such contract existing between
the parties as to the rate o: interest which shall be leoied.
There:ore, the transaction is a siNple handloan transaction
and rate o: interest @ 18% per annuN would be just and
proper to be awarded on the principle suN adjudged i.e.
aNount o: Rs.2,80,000/-. Hence, point No.1 is answered in
the affirNatioe.
AS TO POINT NO.2:-
8. In oiew o: discussion and fnding on point No.1 it is held
that plaintif is entitled to recooer Rs.2,80,000/- :roN the
de:endant with interest at the rate o: Rs.18% per annuN :roN
the date o: fling o: the suit till its realization. Plaintif is also
entitled to recooer cost o: the suit :roN de:endants. Hence, in
answered to point No.2, I proceed to pass the :ollowing order.
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: O R D E R :
1. The de:endant shall pay Rs.2,80,000/- (Rs. Two
Lakh Eighty Thousand Only) to the plaintif with
interest at the rate o: 18% per annuN :roN the
date o: fling o: the suit till its realization.
2. De:endant do pay costs o: the suit to the plaintif.
O. Decree be drawn accordingly.
4. Court :ee, i: any, be re:unded as per rule.
Date : 10.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Cioil Court,
Gr. BoNbay
Typed on : 10.02.2020.
Signed on : 10.02.2020.
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6 Sum .Suit No. 791 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
10.02.2020 5.45 p.N. Mr. Tushar P. Kuwar
NaNe o: the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court RooN No.59)
Date o: pronounceNent o:
Order
10.02.2020
Order signed by P.O. on 10.02.2020
Order uploaded on 10.02.2020
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