Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010061042018
Presented On :- 04.05.2018
Registered On :- 07.06.2019
Delivered On :- 07.01.2021
Duration :- Y-02 /M-08/D-05
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 584 OF 2019
Exhibit- 11
Gangaram Malku Gadge, Age:59 years,
of Mumbai an adult Indian inhabitant
having his address at Room No.11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail Bazar,
Kurla (West), Mumbai-400 070 ….Plaintiff
Versus
Hemant Pragaji Khadodara
age not known of Mumbai an adult Indian
inhabitant working for gain with B.M.C.,
Conservancy Dept“ F” West Ward,
Room No.13, 1st Floor, Dr. Ambedkar marg,
Parel Mumbai-400 012, Worker No. 4196343
and residing at 30/4 Parigh Khadi Vasahat No.2,
Takiya Ward, Kurla West Mumbai-400 070 ....Defendant.
SUIT FOR RECOVERY OF Rs.3,05,435.61 ps
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant
-- 1 of 6 --
2 Sum. Suit No.584/2019
CORAM :- HER HONOUR JUDGE
SMT SABIHA. G. SHAIKH
CITY CIVIL COURT,GR.BOMBAY
(C.R.NO.59)
DATE :- 07/01/2021
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 defendant is working in Mumbai Municipal Corporation.
On 09/05/2015 the defendant executed a Demand Promissory note in
favour of the plaintiff for valuable consideration being a sum of
Rs.2,00,000/- received by the defendant from the plaintiff against and
on the basis of execution and handing over of the said Demand
Promissory Note. By the said Promissory Note the defendant promised
to pay to the plaintiff the said sum of Rs.2,00,000/- alongwith interest
thereon @ 18% per annum on demand. But, the defendant failed to pay
to the plaintiff in-spite of demands, reminders and receipt of the
advocate’s dated 14.04.2018. Hence, plaintiff is constrained to file the
suit for recovery of the said amount. The total suit claim of the plaintiff
for Rs.3,05,435.61ps.
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 :-
-- 2 of 6 --
3 Sum. Suit No.584/2019
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.3,05,435.61ps with
interest on principal
amount of
Rs.2,00,000/-
@ 18 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The witness- Manjush N. Shete Constituted Attorney of the
plaintiff has filed his affidavit at Exhibit -4. In order to prove the case
of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit-6 Promissory Note of
Rs.2,00,000/-
27/05/2015
Exhibit-7 Plaintiff's advocate letter
along with postal
acknowledgment
14/04/2018
Exhibit-8 Money Lending License 02/02/2016
Exhibit-9 Forms No. 8 under
Bombay Money Lending
Act
27/05/2015
Exhibit-10 Books of account. 27/05/2015
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibit-6
and 10 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. 3,05,435.61ps. 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
-- 3 of 6 --
4 Sum. Suit No.584/2019
Exhibits 6 to 10 goes to establish that the defendant is liable to pay
Rs.3,05,435.61ps. 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.3,05,435.61ps. 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. 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.3,05,435.61ps. 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.3,05,435.61ps. from the defendant
with interest on principal amount of Rs.2,00,000/- 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.
-- 4 of 6 --
5 Sum. Suit No.584/2019
O R D E R
1. The defendant shall pay Rs.3,05,435.61ps. (Rupees Three
Lakh Five Thousand Four Hundred Thirty Five and Sixty One
Paise) to the plaintiff with interest on principal amount of
Rs. 2,00,000/- 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:07.01.2021 ( S. G. Shaikh)
Judge,City Civil Court,
Gr. Bombay
Dictated on :07/01/2021
Typed on :07/01/2021
Signed on :
-- 5 of 6 --
6 Sum. Suit No.584/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08.01.2021 03.35 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
07.01.2021
JUDGMENT/ORDER signed by
P.O.on
07.01.2021
JUDGMENT/ORDER uploaded on 08.01.2021
-- 6 of 6 --