Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 718 of 2019.
Filed on : 07.06.2019
Registered on : 16.07.2019
Decided on : 15.02.2020
Duration : Year-00 Month-07 Days-01
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.718 OF 2019
(CNR NO.MHCC01-006008-2019)
Exhibit-13
Yallapa Soma Jadhav
Age : 45 yrs,
Room No.666, Makadwala Compound,
Halav Pul Road, Kurla (W),
Mumbai – 400 070. ….Plaintif
..Versus..
Vijayram Pakhandi Ram,
Age : Adult,
Working for gain with MTNL Dept.,
Gen MGR W-III,
Emp. No.MO53928,
PF No.BYTD/46839, Next to Poisar Bus Depot,
S.V. Road, Kandivali (W), Mumbai – 400 067.
And
Residing at : 1/502, New Mahakali Nagar,
Marve X Road, Behind Tata Power,
Mavani Malad (W), Mumbai – 400 095. ....Defendant
SUIT FOR RECOVERY OF Rs.2,99,000/-.
Appearance:-
Mr. Rajesh Patil, Advocate for the Plaintif.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 15th February, 2020.
-- 1 of 6 --
2 Sum. Suit No. 718 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 :-
The plaintif is carrying on business of money lending in
Mumbai. The defendant is working in MTNL Department. The
plaintif advanced to the defendant the sum of Rs.2,50,000/-
on 20.06.2017 in cash with interest at the rate of 18% p.a. for
which the defendant had executed Demand Promissory note in
favour of the Plaintif. The defendant had promised to pay to
the plaintif 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 plaintif in-spite of demands,
reminders and receipt of the legal notice dated 18.03.2019.
Hence, plaintif is constrained to fle the suit for recovery of
the said amount. The total suit claim of the plaintif for
Rs.2,99,000/-.
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 :-
-- 2 of 6 --
3 Sum. Suit No. 718 of 2019
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.2,99,000/- with
interest
@ 18% per annum.
2 What order and decree Suit is decreed.
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
7 Demand Promissory Note of
Rs.2,50,000/-.
20.06.2017
8 Notice of demand. 18.03.2019
9 Photocopy of Money Lending
License.
Year 2016-
2017
10 Photocopy of form No.10 --
11 Photocopy of Cash entry. --
12 Photocopy of Ledger entry --
AS TO POINT NO.1 :-
6. All the documents produced by the plaintif at Exhibits-7
to 12 prove that plaintif 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 plaintif
from defendant towards the loan amount. The defendant has
failed to repay the said loan amount to the plaintif. The
documents at list Exhibits-7 to 12 go to establish that the
defendant is liable to pay Rs.2,99,000/-. to the plaintif on the
date of fling of the suit towards the said loan amount and
-- 3 of 6 --
4 Sum. Suit No. 718 of 2019
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.2,99,000/-. from the defendant.
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 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.2,99,000/-. 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.2,99,000/-. from the
defendant with interest at the rate of Rs.18% 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.2,99,000/- (Rs. Two
Lakh Ninety Nine Thousand Only) to the plaintif
with interest at the rate of 18% per annum from
the date of fling of the suit till its realization.
-- 4 of 6 --
5 Sum. Suit No. 718 of 2019
2. Defendant do pay costs of the suit to the plaintif.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date :15.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 15.02.2020.
Signed on : 15.02.2020.
-- 5 of 6 --
6 Sum. Suit No. 718 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
15.02.2020 5.45 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
15.02.2020
Order signed by P.O. on 15.02.2020
Order uploaded on 15.02.2020
-- 6 of 6 --