Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 704 of 2019.
Filed on : 19.06.2019
Registered on : 11.07.2019
Decided on : 15.02.2020
Duration : Year-00 Month-07 Days-06
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.704 OF 2019
(CNR NO.MHCC01-006180-2019)
Exhibit-10
Premchand Gulabchandji
Age : 79 years,
Address: 46, Modi Street,
Ground foor, Fort,
Mumbai – 400 001. ….Plaintif
..Versus..
1. Venkatesh Hanumantha J.
Age : Adult,
Working for gain with SR. Sec. Eng.
Diesel Loco Shed, Kurla Central Railway,
Kurla (E), Mumbai – 400 024.
And
Residing at : MSRBI 46/35, N.M. Mankiker Marg,
Sion (E), Mumbai-400 022.
2. Santosh Maruti Gaikwad.
Age : Adult,
Working for gain with SR. Sec. Eng.
Diesel Loco Shed, Kurla Central Railway,
Kurla (E), Mumbai – 400 024.
And
Residing at : MSRBI 108/09,
Central Railway, Kurla (E),
Mumbai – 400 022. ....Defendants
SUIT FOR RECOVERY OF Rs.1,00,689.04ps.
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2 Sum. Suit No. 704 of 2019
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintif.
Exparte against Defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 15th 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 plaintif is carrying on business of money lending in
Mumbai. The defendants are working in Mumbai. The plaintif
advanced to the defendants the sum of Rs.90,000/- on
13.08.2018 in cash with interest at the rate of 1.25 percent
per month for which the defendants had executed Demand
Promissory note in favour of the Plaintif. The defendants had
promised to pay to the plaintif the said sum of Rs.90,000/-
with interest thereon, at the rate of 1.25 percent per month on
demand. But, the defendants failed to pay to the plaintif
inspite of demands, reminders and receipt of the legal notice
dated 06.05.2019. Hence, plaintif is constrained to fle the
suit for recovery of the said amount. The total suit claim of the
plaintif for Rs.1,00,689.04ps.
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.
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3 Sum. Suit No. 704 of 2019
4. The following points arise for my determination and my
fndings there on are as under for the reasons stated there
under :-
POINTS FINDINGS
1 What is due and payable from
the defendants to the plaintif ?
A] If yes, what would be the rate
of interest?
Amount of
Rs.1,00,689.04ps
with interest
@ 1.25 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 plaintif fled following
documentary evidence.
Exhibit.
No.
Description of documents Date
5 Promissory Note of Rs.90,000/- 13.08.2018
6 Plaintiffs advocate letter along with
postal acknowledgment
06.05.2019
7 Money Lending License --
8 Form under Bombay Money Lending
Act.
--
9 Books of account. --
AS TO POINT NO.1 :-
6. All the documents produced by the plaintif at Exhibits-5
to 9 go to establish that plaintif has given amount of
Rs.90,000/- to the defendants as loan. The documents further
prove that the amount of Rs.90,000/- is due and payable to
the plaintif from defendants towards the loan amount. The
defendants have failed to repay the said loan amount to the
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4 Sum. Suit No. 704 of 2019
plaintif. The documents at list Exhibits-5 to 9 go to establish
that the defendants are liable to pay Rs.1,00,689.04 paise to
the plaintif on the date of fling of the suit towards the said
loan amount and therefore, the defendants have failed to
repay his loan amount to the plaintif. In this background, it is
held that plaintif is entitled to recover sum of Rs.1,00,689.04
ps. from the defendants.
7. The plaintif 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 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 @ 1.25% per month
would be just and proper to be awarded on the principle sum
adjudged i.e. amount of Rs.1,00,689.04 ps. Hence, point No.1
is answered in the afrmative.
AS TO POINT NO.2 :
8. In view of discussion and fnding on point No.1, it is
held that plaintif is entitled to recover Rs.1,00,689.04ps. from
the defendants with interest at the rate of Rs.1.25% per
month from the date of fling of the suit till its realization.
Plaintif 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.
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5 Sum. Suit No. 704 of 2019
: O R D E R :
1. The defendants shall jointly and severally pay
Rs.1,00,689.04/- (Rs. One Lakh Six Hundred
Eighty Nine and Four Paise Only) to the plaintif
with interest at the rate of 1.25% per month from
the date of fling of the suit till its realization.
2. Defendants do pay costs of the suit to the
plaintif.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date :15.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 15.02.2020.
Signed on : 15.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
15.02.2020 5.45 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
15.02.2020
Order signed by P.O. on 15.02.2020
Order uploaded on 15.02.2020
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