Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 592 of 2019.
Filed on : 05.05.2018
Registered on : 07.06.2019
Decided on : 17.02.2020
Duration : Year-01 Month-09 Days-14
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.592 OF 2019
(CNR NO.MHCC01-006155-2018)
Exhibit-11
RAJABHAI GANGARAM GADGE
Age: 58 Yrs.
Address: Room No.10/11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail
Bazar, Kurla (West), Mumbai-400 070.
Through Constituted Attorney
Mr. Gangaram M. Gadge
Age: 59 Yrs. ….Plaintiff
..Versus..
GANESH PITAMBAR MOTE
Age: Adult
Address: working at B.M.C., “L” Ward,
S.G. Barve Road, Kurla (W)
Mumbai- 400 070.
And residing at Room No.104,
“C” Wing, New Sai Vihar,
Housing society, Badlapur, West. ....Defendant
SUIT FOR RECOVERY OF Rs.1,52,471.23ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendants.
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2 Sum. Suit No. 592 of 2019
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 17th February, 2020.
: 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 are working in Mumbai. On 02th June,2015 Defendant
executed a promissory note in favour of the plaintiff for valuable
consideration of Rs.1,00,000/- The defendants had promised to pay to
the plaintiff the said sum of Rs.1,00,000/- 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.1,52,471.23ps.
3. The suit summons were duly served on the defendants 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 :-
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3 Sum. Suit No. 592 of 2019
POINTS FINDINGS
1 What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.1,52,471.23ps 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.
Exhibit.
No.
Description of documents Date
6 Promissory Note of Rs.1,00,000/- 02.06.2015
7 Plaintiff's advocate letter along with
postal acknowledgment
02.05.2018
8 Money Lending License --
9 Form under Bombay Money Lending Act. --
10 Books of account. --
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-6 to 10 go
to establish that plaintiff has given amount of Rs.1,00,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.1,00,000/- 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-6 to 10 go
to establish that the defendant are liable to pay Rs.1,52,471.23 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
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4 Sum. Suit No. 592 of 2019
entitled to recover sum of Rs.1,52,471.23 ps. from the defendants.
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, the transaction is a simple handloan
transaction and rate of interest @ 18% per month would be just and
proper to be awarded on the principle sum adjudged i.e. amount of
Rs.1,52,471.23 ps. 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.1,52,471.23ps. from the defendant
with interest 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 shall pay Rs.1,52,471.23/- (Rs. One Lakh
fifty two thousand four hundred seventy one and twenty
three Paise Only) to the plaintiff with interest at the rate
of 18% per month 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.
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5 Sum. Suit No. 592 of 2019
Date :17.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 17.02.2020.
Signed on : 17.02.2020.
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6 Sum. Suit No. 592 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
17.02.2020 5.45 p.m.
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 17.02.2020
Order signed by P.O. on 17.02.2020
Order uploaded on 17.02.2020
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