Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented On : 07.06.2019
Registered On : 07.06.2019
Delivered On : 07.01.2020
Duration : 0Y.07M.00D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.588 OF 2019
(CNR NO. MH CC010061052018)
Exhibit 12
Swati Sahebrao Gadge.
Age.:30 years, Occ.: Money Lender,
Address : Room No.11, Stany Chawl,
Wadia Estate, Kurla (West),
Mumbai – 400 070. ….Plaintiff.
..Versus..
Amar Bhaskar Pethare.
Address: Rohidas Wada, Kalyan (West),
Thane. ...Defendant.
SUIT FOR RECOVERY OF Rs.50,000/
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 : 07 th January, 2020
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: 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 a Money Lender carrying on Business of Money Lending
in her name at Room No.11, Stany Chawl, Wadia Estate, Kurla (West)
Mumbai – 400 070. The defendant is engaged in the Municipal
Corpoaration of Greater Mumbai. The defendant executed in favour of
the plaintiff a promissory note of Rs.50,000/ dated 10 th May, 2015
against the loan of Rs.50,000/ received by the defendant from the
plaintiff on the the above said date by the said promissory note. The
defendant had promised to pay to the plaintiff the said sum of Rs.
50,000/ with interest thereon, at the rate of 18% per annum on demand.
But, the defendant failed to pay to the plaintiff inspite of demands,
reminders and receipt of the legal notice dated 13th 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.50,000/.
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?
Amount of Rs.50,000/
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. In order to prove the case of the plaintiff filed following documentary
evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit5 Original dishonored
Demand Promissory Note
of Rs.50,000/
10/05/2015
Exhibit 6 Demand notice along with
original one return
packets.
13/04/2018
Exhibit 7 Money Lending License of
the plaintiff pertaining to
loan period
06/11/2015
Exhibit8 Form No.10 10/05/2015
Exhibit 9
(Collectively)
Books of account
pertaining to loan
transaction between the
plaintiff and defendant.
10/05/2015
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit5, 6, 7, 8 and 9
(collectively) goes to establish that plaintiff has given amount of
Rs.50,000/ to the defendant as loan. The documents further prove that
the amount of Rs.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 5 to
9 (Collectively) goes to establish that the defendant is liable to pay
Rs.50,000/ 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.50,000/ from the defendant.
7. The plaintiff has claimed 18% per annum on the principle amount. As
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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.50,000/. 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.50,000/ 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 pay Rs.50,000/ (Rupees Fifty Thousand
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:07.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 07.01.2020
Signed on : 07.01.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
13.01.2020 at 11.20 am. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 07.01.2020
Order signed by P.O. on 07.01.2020
Order uploaded on 13.01.2020
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