Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum. Suit No. 703 of 2019.
Filed on : 19.06.2019
Registered on : 11.07.2019
Decided on : 01.02.2020
Duration : Year00 Month03 Days24
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.703 OF 2019
(CNR NO.MHCC010061792019)
Exhibit12
Premchand Gulabchandji
Age:71 years, Occ.: Money Lender,
carrying on business of Money Lending
at and from 46, Modi Street, Gr. Floor,
Fort, Mumbai 01. ….Plaintiff
..Versus..
1. Punjabi Kumar Raut,
Age: Adult,
Working for gain with Western Railway
Churchgate, General Branch Churchgate, Mumbai.
And
Residing at : Western Railway Colony,
B.N. 225/5, S.V. Road,
Bandra (W),
Mumbai.
2. Suresh Shravan Hatkar,
Age : Adult,
Working for gain with Janitor Office,
Churchgate, Western Railway Mumbai,
And
Residing at : 294/11,
Cement Chawl, Byculla (E),
Mumbai. ....Defendants.
SUIT FOR RECOVERY OF Rs.75,509.58ps.
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2 Sum. Suit No. 703 of 2019
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 01st February, 2020.
(C.R.No.59)
Appearance:
Mr. Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
: 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 defendants had executed Demand Promissory note dated
07.09.2017 in favour of the Plaintiff for sum of Rs.60,000/. The
defendants had promised to pay to the plaintiff the said sum of
Rs.60,000/ with interest thereon, at the rate of 1.25% per month on
demand. But, the defendants failed to pay to the plaintiff inspite of
demands, reminders and receipt of the legal notice dated 06.05.2019.
Hence, plaintiff is constrained to file the suit for recovery of the said
amount. The total suit claim of the plaintiff for Rs.75,509.58ps.
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 :
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3 Sum. Suit No. 703 of 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.75,509.58/ with
interest
@ 1.25% 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, plaintiff filed following
documentary evidence.
Exhibit.
No. Description of documents Date
7 Promissory Note of Rs.60,000/. 07.09.2017
8 Plaintiff's Advocate letter along with
postal acknowledgment.
06.05.2019
9 Money Lender Licence
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 Exhibit7 to 11 go
to establish that plaintiff has given amount of Rs.60,000/ to the
defendants as loan. The documents further prove that the amount of
Rs.60,000/ is due and payable to the plaintiff from defendant towards
the loan amount. The defendants have failed to repay the said loan
amount to the plaintiff. The documents at list Exhibits7 to 11 go to
establish that the defendant is liable to pay Rs.75,509.58ps to the
plaintiff on the date of filing of the suit towards the said loan amount
and therefore, the defendants have failed to repay his loan amount to
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4 Sum. Suit No. 703 of 2019
the plaintiff. In this background, it is held that plaintiff is entitled to
recover sum of Rs.75,509.58ps. from the defendant.
7. The plaintiff has claimed 1.25% 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 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 @ 1.25% per month would be just and
proper to be awarded on the principle sum adjudged i.e. amount of
Rs.75,509.58ps. 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.75,509.58ps. from the defendant with
interest at the rate of Rs.1.25% per month 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 defendants shall jointly and severally pay
Rs.75,509.58/ (Rs.Seventy Five Thousand Five Hundred
Nine and Fifty Eight Paise Only) to the plaintiff with
interest at the rate of 1.25% per month from the date of
filing of the suit till its realization.
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2. Defendants 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 : 01.02.2020 (Smt. S.G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 01.02.2020.
Signed on : 01.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 5.15 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 01.02.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
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