Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Sum. Suit No. 708 of 2019
Filed on : 21.06.2019
Registered on : 11.07.2019
Decided on : 31.01.2020
Duration : Yr00 Ms06 Ds21
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.708 OF 2019
(CNR NO.MHCC010063312019)
Exhibit 12
Yankavva Yallappa Andredi,
Age :45 years,
Address: Room No.3, Chawl No.G/27,
Matunga Labour Camp,
Mumbai – 400 019. ….Plaintiff
..Versus..
Pradip Baban Kamble.
Age : Adult,
Working for gain with B.M.C.,
“B” Ward, Conservancy Dept.,
121 Ramchand Bhat Marg,
Mumbai – 400 009.
Emp. Code No.4488602.
Address : Room No.45,
Shasti Nagar, Body Guard Lane,
Near RTO Office, Tardeo,
Mumbai – 400 034. ....Defendant.
SUIT FOR RECOVERY OF Rs.2,31,364.38 ps.
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 31st January, 2020.
(C.R.No.59)
Appearances:
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
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2 Sum. Suit No. 708 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 carrying on business of money lending in Mumbai.
The defendant is working for gain with Mumbai Municipal Corporation.
The plaintiff advanced to the defendant the sum of Rs.2,00,000/ on
22.07.2018 in cash with interest at the rate of 18% p.a. for which the
defendant had executed Demand Promissory note in favour of the
Plaintiff. The defendant had promised to pay to the plaintiff the said
sum of Rs.2,00,000/ with interest thereon, at the rate of 18% per
annum on demand. But, the defendant failed to pay to the plaintiff in
spite of demands, reminders and receipt of the legal notice dated
10.05.2019. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for
Rs.2,31,364.38ps.
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.2,31,364.38 with
interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
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3 Sum. Suit No. 708 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 Promissory Note of
Rs.2,00,000/.
22.07.2018
Exhibit8 Plaintiff's Advocate letter
along with postal
acknowledgment.
10.05.2019
Exhibit9 Money Lending License 30.10.2018
Exhibit10 Forms No.10 under
Bombay Money Lending
Act
Exhibit11 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.2,00,000/ to
the defendant as loan. The documents further prove that the amount of
Rs.2,00,000/ 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 Exhibits7 to 11 go
to establish that the defendant is liable to pay Rs.2,31,364.38ps. 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.2,31,364.38 ps. from the defendant.
7. The plaintiff has claimed 18% per annum 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
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4 Sum. Suit No. 708 of 2019
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.2,31,364.38 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.2,31,364.38ps. 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.2,31,364.38/ (Rs. Two Lakh
Thirty One Thousand Three Hundred Sixty Four and
Thirty Eight Paise 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 :31.01.2020 (Smt. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 31.01.2020
Signed on : 31.01.2020
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5 Sum. Suit No. 708 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
31.01.2020 5.35 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 31.01.2020
Order signed by P.O. on 31.01.2020
Order uploaded on 31.01.2020
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