Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: –1– SummarySuit No.692 of 2019
Presented On : 10.07.2019
Registered On : 10.07.2019
Delivered On : 07.01.2020
Duration : 00Y.05M.27D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.692 OF 2019
(CNR NO. MH CC010060422019)
Exhibit 12
Yalappa Soma Jadhav.
Age.:45 years, Occ.: Business,
Address : Yalappa Chawl, Room No.666,
Makadwala Compound, Halav Pul Road,
Kurla (West), Mumbai – 400 070. ….Plaintiff
..Versus..
Vijayaram Pakhandi Ram.
Address: I/502, New Mahakali Nagar,
Marve X Road, Behind Tata Power,
Mavani Malad (W), Mumbai 400 095. ...Defendant.
SUIT FOR RECOVERY OF Rs.2,50,000/
Appearance:
Mr.Rajesh M. Patil, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 07 th January, 2020
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil Procedure
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1908.
2. The facts of the suit are summarized as under :
The plaintiff is carrying on business in Mumbai and advanced to the
defendant the sum of Rs.2,50,000/ on 02 nd July, 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 Plaintiff. 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, reminders and
receipt of the legal notice dated 18th March, 2019. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total suit
claim of the plaintiff for Rs.2,50,000/.
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 findings there
on are as under for the reasons stated there under :
POINTS FINDINGS
1 What is due and payable from the
defendants 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? Suit is decreed.
R E A S O N S
5. The plaintiff Yalappa Soma Jadhav has filed his affidavit at Exhibit3.
In order to prove the case of the plaintiff filed following documentary
evidence.
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Exhibit.
No.
Description of
documents
Date
Exhibit5 Demand promissory note
of Rs.2,50,000/
02/07/2017
Exhibit6 Notice of Demand 18/03/2019
Exhibit 7 to 9
(Collectively)
Postal receipts 26/03/2019
Exhibit10
(Collectively)
i) Photocopy of Money
Lending Licence year
20162017
ii) Photocopy of Form
No.10.
iii) Photocopy of Cash
entry
iv) Photocopy of ledger.
02/08/2017
02/07/2017
02/07/2017
20/06/2017
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit5, 6, 7, 8, 9 and
10 (collectively) goes 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 loan amount to the plaintiff. The documents at list Exhibits 5 to
10 (Collectively) goes 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.
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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/ (Rupees Two Lacs
Fifty Thousand only) to the plaintiff with interest at the rate
of 18% per annum from the date of filing of the suit 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:07.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 07.01.2020
Signed on : 07.01.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
16.01.2020 at 4.00p.m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.G.Shaikh
(Court Room No.59)
Date of pronouncement of Judgment 07.01.2020
Judgment signed by P.O. on 07.01.2020
Judgment uploaded on 16.01.2020
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