Final Order 1

Order Details: Copy of Judgment
Pdf Text: 2 Sum.Suit No.761 of 2019
Presented On : 26.06.2019
Registered On : 26.06.2019
Delivered On : 13.01.2020
Duration : 00Y. 06M. 18D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.761 OF 2019
(CNR NO. MH CC010060892018)
Exhibit 14
Gangaram Malku Gadge.
Age.:59 years, Occ.: Money Lender,
Address: Room No.11, Stany Welfare Housing
Society, Opp. Building No.16, Wadia Estate,
Bail Bazar, Kurla (West),
Mumbai – 400 070. ….Plaintiff
..Versus..
Geeta Tejalal Maru.
Age.: Not known, Occ.: Service,
Address: Bombay Municipal Corporation,
Conservancy Department, ''L'' Ward,
S.G. Barve Marg, Kurla (West),
Mumbai – 400 070. ...Defendant.
SUIT FOR RECOVERY OF Rs.3,83,643.83
Appearance:
Mr.Ramesh Jain, 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 : 13 th January,2020
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2 Sum.Suit No.761 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 plaintiff is carrying on business of money lending in Mumbai.
The plaintiff advanced to the defendant the sum of Rs.2,50,000/ on
12th May, 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
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 in
spite of demands, reminders and receipt of the legal notice dated 14th
April, 2018. Hence, plaintiff is constrained to file the suit for recovery
of the said amount. The total suit claim of the plaintiff for
Rs.3,83,643.83ps.
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
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Yes
at the rate of 18 % per
annum.
2 What order and decree? As per final order.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
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2 Sum.Suit No.761 of 2019
documentary evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit9 Promissory Note of
Rs.2,50,000/
12/05/2015
Exhibit10 Plaintiff's advocate letter
along with postal
acknowledgment
14/04/2017
Exhibit11 Money Lending License 02/02/2016
Exhibit12 Forms No.8. 12/05/2015
Exhibit13 Books of account. 12/05/2015
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit 9, 10, 11,
12 and 13 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 9 to 13 goes to establish that the defendant is liable to pay
Rs.3,83,643.83 ps.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.3,83,643.83 ps 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
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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.3,83,643.83. 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.3,83,643.83 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 jointly or severally pay
Rs.3,83,643.83 ps. (Rupees Three Lacs Eighty Three
Thousand Six Hundred Forty Three and Eighty Three paisa
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:13.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 13.01.2020
Signed on :
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2 Sum.Suit No.761 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
17.01.2020 12.25 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 13.01.2020
Order signed by P.O. on 13.01.2020
Order uploaded on 17.01.2020
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