Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 727 of 2019
Presented On : 23.07.2019
Registered On : 23.07.2019
Delivered On : 16.01.2020
Duration : 00Y. 04M. 24D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.727 OF 2019
(CNR NO. MH CC010061562018)
Exhibit 12
Gangaram Malku Gadge.
Age.:59 years, Occ.: Money Lender,
Address: Room No.11, Stany Welfare Housing Society,
Opp. Building No.16,
Wadia Estate, Bail Bazar,
Kurla (West), Mumbai – 400 070. ….Plaintiff
..Versus..
Subhash Malppa Jogi.
Age.: Not known, Occ.: Service,
Address.: Kurla Terminus MS/RB/1,
Building No.108, Room No.19,
New Railway Colony,
Neharu Nagar, Kurla (East),
Mumbai – 400 024. ....Defendant.
SUIT FOR RECOVERY OF Rs.4,56,378/ps.
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 : 16 th January, 2020
-- 1 of 5 --
2 Sum. Suit No. 727 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 plaintiff is a Money Lender carrying on Business of Money Lending
in his name at Room No.11, Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Kurla (West), Mumbai – 400 070. The
defendant is engaged in the Mumbai Municipal Corporation. The
defendant executed in favour of the plaintiff a promissory note of
Rs.3,00,000/ dated 09 th June, 2015 against the loan of Rs.3,00,000/
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.3,00,000/ with interest thereon, at the rate
of 18% per annum on demand. But, the defendant failed to pay to the
plaintiff inspite of demands and reminders and receipt of the legal notice
dated 02nd May, 2018. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.4,56,378/
571
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 plaintiffs ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.4,56,378/ with
interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
-- 2 of 5 --
3 Sum. Suit No. 727 of 2019.
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
Exhibit7 This document is Original
Promissory note of
Rs.3,00,000/
09/06/2016
Exhibit 8 This document is Demand
notice of plaintiff's
advocate along with two
postal acknowledgment
02/05/2016
Exhibit 9 This document is Money
Lending License of the
plaintiff pertaining to loan
period
02/02/2015
Exhibit10 This document is Form
No.8
09/06/2015
Exhibit 11 These documents is
transaction pertaining to
loan between plaintiff and
defendant.
09/6/2015
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit7, 8, 9, 10
and 11 goes to establish that plaintiff has given amount of Rs.3,00,000/
to the defendant as loan. The documents further prove that the amount of
Rs.3,00,000/ 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 7 to 11 goes to establish
that the defendant is liable to pay Rs.4,56,378/. 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.4,56,378/. from the defendant.
7. The plaintiff has claimed 18% per annum on the principle amount.
-- 3 of 5 --
4 Sum. Suit No. 727 of 2019.
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.4,56,378/. 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.4,56,378/. 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.4,56,378/ (Rupees
Four Lac Fifty Six Thousand Three hundred Seventy Eight
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:16.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 16.01.2020
Signed on : 16.01.2020
-- 4 of 5 --
5 Sum. Suit No. 727 of 2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.01.2020 04.25 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 16.01.2020
Order signed by P.O. on 16.01.2020
Order uploaded on 20.01.2020
-- 5 of 5 --