Order 1

Order Details: Copy of Judgment
Pdf Text: Sum. Suit No. 518 of 2019.
Filed on : 04.05.2018
Registered on : 02.05.2019
Decided on : 11.02.2020
Duration : Year-00 Month-09 Days-11
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.518 OF 2019
(CNR NO.MHCC01-006094-2018)
Exhibit-13
Swati Sahebrao Gadge
Address: Room No.11, Stany Chawl,
Wadia Estate, Kurla (West),
Mumbai – 400 070. ….Plaintif
..Versus..
Jaya Devshi Padaya
Age : Adult,
Working with BMC Conservancy Dept.,
1st foor, “L”o Ward,
S.G. Barve Marg, Kurla (W),
Mumbai-400070,
Worker No.4216436, Paysheet No.6027.
And
Residing at : J/16, New Chawl,
L”.B.S. Marg, Kurla Garden, Kurla,
Mumbai – 400 070. ....Defendant
SUIT FOR RECOVERY OF Rs.2,02,742.65ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintif.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 11th February, 2020.
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2 Sum. Suit No. 518 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.1,50,000/- on 18th May, 2016 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.1,50,000/- with interest thereon, at the rate of 18% per
annum on demand. But, the defendant failed to pay to the
plaintif inspite of demands, reminders and receipt of the legal
notice dated 13.04.2018. Hence, plaintif is constrained to fle
the suit for recovery of the said amount. The total suit claim
of the plaintif for Rs.2,02,742.65ps.
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 :-
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.2,02,742.65 with
interest
@ 18 % per annum.
2 What order and decree Suit is decreed.
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R E A S O N S
5. The witness- Mrs. Priya Dhuri of the plaintif
has fled her afdavit at Exhibit-7. In order to prove the case of
the plaintif fled following documentary evidence.
Exhibit.
No.
Description of documents Date
9 Promissory Note of Rs.1,50,000/- 18.05.2016
10 Plaintiffs advocate letter along with
postal acknowledgment
13.04.2018
11 Money L”ending L”icense 20.08.2016
12 Form under Bombay Money L”ending
Act
--
13 Books of account.
AS TO POINT NO.1 :-
6. All the documents produced by the plaintif at
Exhibit-9 to 13 go to establish that plaintif has given amount
of Rs.1,50,000/- to the defendant. The documents further
prove that the amount of Rs.1,50,000/- 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-9 to 13 go to establish
that the defendant is liable to pay Rs.2,02,742.65ps. 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
loan amount to the plaintif. In this background, it is held that
plaintif is entitled to recover sum of Rs.2,02,742.65 ps. from
the defendant.
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4 Sum. Suit No. 518 of 2019
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.2,02,742.65 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.2,02,742.65ps.
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.2,02,742.65/- (Rs.
Two L”akh Two Thousand Seven Hundred Forty Two
and Sixty Five Paise Only) to the plaintif with
interest at the rate of 18% per annum from the
date of fling of the suit till its realization.
2. Defendant do pay costs of the suit to the plaintif.
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3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date : 11.02.2020 (Smt. S.G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 11.02.2020.
Signed on : 11.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL”
SIGNED ORDER.o
UPL”OAD DATE TIME STENOGRAPHER NAME
11.02.2020 05.05 pm 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
11.02.2020
Order signed by P.O. on 11.02.2020
Order uploaded on 11.02.2020
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