Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 582 of 2019.
Filed on : 04.05.2018
Registered on : 07.06.2019
Decided on : 03.03.2020
Duration : Year-01 Month-10 Days-01
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.582 OF 2019
(CNR NO.MHCC01-006103-2018)
Exhibit-12
Rajabai Gangaram Gadge
Age: Adult
Address - R.No.10/11,
Stany Welfare Housing Society,
Opp. Bldg. No.16, Wadia Estate,
Bail Bazar, Kurla (w),
Mumbai- 400 070 ….Plaintiff
..Versus..
Jagdish Bapu Pednekar
Age: Adult
Address - B.M.C., Conservancy Dept.,
L ward, S.G. Barve Rd., Kurla west,
Mumbai-400 070 ....Defendant
SUIT FOR RECOVERY OF Rs.3,06,915.06ps.
Appearance:-
Mr. Ramesh Jain, Advocate for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 03rd March, 2020.
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil
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2 Sum. Suit No. 582 of 2019
Procedure 1908.
2. The facts of the suit are summarized as under :-
The plaintiff is carrying on business of money lending in Mumbai.
The defendant are working in Mumbai. On 12th May, 2015 Defendant
executed a promissory note in favor of the plaintiff for valuable
consideration of Rs.2,00,000/- The defendant had promised to pay to
the plaintiff the said sum of Rs.2,00,000/- with interest thereon, at the
rate of 18 percent per annum on demand. But, the defendant failed to
pay to the plaintiff inspite of demands, reminders. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.3,06,915.06ps.
3. The suit summons were duly served on the defendant but they
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?
Amount of
Rs.3,06,915.06ps with
interest
@ 18 percent per
month
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
documentary evidence.
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3 Sum. Suit No. 582 of 2019
Exhibit.
No.
Description of documents Date
7 Promissory Note 12.05.2015
8 Plaintiff's advocate letter along with
postal acknowledgment
14.04.2018
9 Money Lending License --
10 Form under Bombay Money Lending Act. --
11 Books of account. --
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to 11
goes to establish that plaintiff 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 plaintiff from defendant
towards the loan amount. The defendant have failed to repay the said
loan amount to the plaintiff. The documents at list Exhibits-7 to 11 goes
to establish that the defendant are liable to pay Rs.3,06,915.06 paise to
the plaintiff on the date of filing of the suit towards the said loan
amount and therefore, the defendant have failed to repay his loan
amount to the plaintiff. In this background, it is held that plaintiff is
entitled to recover sum of Rs.3,06,915.06 ps. from the defendant.
7. The plaintiff has claimed 18% per month 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, rate of interest @ 18% per month would be
just and proper to be awarded on the principle sum adjudged i.e.
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4 Sum. Suit No. 582 of 2019
amount of Rs.2,00,000/-. 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.3,06,915.06ps. from the defendant and
he is also entitled to recover interest on principal amount of
Rs.2,00,000/- at the rate of Rs.18% per month from the date of filing of
the suit till its realization. Plaintiff is also entitled to recover cost of the
suit from defendant. Hence, in answered to point No.2, I proceed to
pass the following order.
: O R D E R :
1. The defendant do pay Rs.3,06,915.06/- (Rs. Three Lakhs
Six Thousand Nine hundred Fifteen and Six Only) to the
plaintiff and he shall also pay interest to the plaintiff on
principal amount of Rs.2,00,000/- at the rate of 18% per
month from the date of filing of the suit till its
realization.
2. The defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date :03.03.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 03.03.2020.
Signed on : 03.03.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
03.03.2020 5.45 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 03.03.2020
Order signed by P.O. on 03.03.2020
Order uploaded on 03.03.2020
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