Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum. Suit No. 726 of 2019.
Filed on : 04.05.2018
Registered on : 16.07.2019
Decided on : 12.02.2020
Duration : Year-00 Month-06 Days-28
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.726 OF 2019
(CNR NO.MHCC01-006084-2018)
Exhibit-10
Gangaram Malku Gadge
Address: Room No.11, Stany Welfare
Housing Society, Opp. Building No.16,
Wadia Estate, Bail Bazar, Kurla (W),
Mumbai – 400 070. ….Plaintif
..Versus..
Sushant Sakharam Kamble
Age : Adult,
Working for gain with BMC, Conservancy Dept.,
“M” ward, Chembur, Mumbai,
Worker No.4389321. Paysheet No.6005,
And
Residing at : BDS School, Near Saint Anthony
Road, Sambhaji Nagar Ghatla Gaon,
Chembur, Mumbai – 400 071. ....Defendant
SUIT FOR RECOVERY OF Rs.3,06,126.02ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintif.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 12th February, 2020.
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2 Sum. Suit No. 726 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 Mumbai Municipal
Corporation. The plaintif advanced to the defendant the sum
of Rs.2,00,000/- on 20.05.2015 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.2,00,000/- 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 13.04.2017. Hence, plaintif is constrained
to fle the suit for recovery of the said amount. The total suit
claim of the plaintif for Rs.3,06,126.02ps.
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 :-
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3 Sum. Suit No. 726 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.3,06,126.02 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
5 Promissory Note of Rs.2,00,000/- 20.05.2015
6 Plaintiffs advocate letter along with
postal acknowledgment
13.04.2017
7 Money Lending License --
8 Forms No.8 under Bombay Money
Lending Act
--
9 Books of account. --
AS TO POINT NO.1 :-
6. All the documents produced by the plaintif at Exhibits-5
to 9 go to establish that plaintif has given amount of
Rs.2,00,000/- to the defendant as loan. The documents further
prove that the amount of Rs.2,00,000/- 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-5 to 9 go to establish
that the defendant is liable to pay Rs.3,06,126.02ps. 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
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4 Sum. Suit No. 726 of 2019
loan amount to the plaintif. In this background, it is held that
plaintif is entitled to recover sum of Rs.3,06,126.02 ps. 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.3,06,126.02 ps. 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.3,06,126.02ps. 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.3,06,126.02/- (Rs.
Three Lakhs Six Thousand One Hundred Twenty
Six and Two Paise Only) to the plaintif with
interest at the rate of 18% per annum from the
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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.
4. Court fee, if any, be refunded as per rule.
Date :12.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 12.02.2020.
Signed on : 12.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
12.02.2020 4.45 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
12.02.2020
Order signed by P.O. on 12.02.2020
Order uploaded on 12.02.2020
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