Final Order 1

Order Details: Copy of Judgment
Pdf Text: Suit No. 696 of 2019.
Received on : 24.06.2019
Registered on : 10.07.2019
Decided on : 30.01.2020
Duration : Y 00 M06 D 22
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.696 OF 2019
(CNR NO. MHCC010063662019)
Exhibit14
Mr. Ashok Saibu Gadge
Age.: 37 years, Occ.: Money Lender,
Address: Room No.2, National Chawl,
Gauri Shankar Nagar, masrani Lane,
Kurla (W), Mumbai – 400 070. ….Plaintiff.
..Versus..
Mr. Gulabdhar Hindnarayan Mishra.
Age.: 48 years, Occ.: Service,
having his office address at
The Mahanagar Telephone Nigam Limited,
Designation : SSO Staff No.42829,
MTNL Prabhadevi Telephone House,
9th floor, MTNL Marg,
Dadar (W),
Mumbai – 400 028.
Residential Address: Building No.2,
07th floor, Flat NO.702, Vasudev Sky High,
Marghar Village, BHD Kankiya Water,
Mira Road (E),
Dist – Thane. ....Defendant.
SUIT FOR RECOVERY OF Rs.2,36,000/
Appearance:
Mr.Balbheem Patil, Advocate for the Plaintiff.
Exparte against Defendant.
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CORAM : HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59)
DATE : 30 th January, 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 a Money Lender carrying on Business of Money
Lending in his name. The defendant is engaged in the service at The
Mahanagar Telephone Nigam Limited on the post of SSO Staff
No.42829. The defendant executed in favour of the plaintiff a
promissory note of Rs.2,00,000/ dated 25.04.2018 against the loan of
Rs.2,00,000/ 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.2,00,000/ 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 12.04.2019. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.2,36,000/.
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.
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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.2,36,000/ with
interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff has filed his affidavit at Exhibit6. In order to prove
the case of the plaintiff filed following documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit8 Original dishonoured demand
promissory note.
25.04.2018
Exhibit9 Form No.10 25.04.2018
Exhibit 10 Demand notice 12.04.2019
Exhibit 11 Plaintiff's money lending license
Exhibit 12 Cash book & ledger book
pertaining to loan period.
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8 to 12
goes 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 Exhibits8 to 12
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4 Suit No. 696 of 2019
goes to establish that the defendant is liable to pay Rs.2,00,000/ 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.2,00,000/ 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
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.2,00,000/. 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.2,00,000/ 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:
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: O R D E R :
1. The defendant shall pay Rs.2,00,000/ (Rs. Two Lakh
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:30.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 30.01.2020
Signed on : 30.01.2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
30.01.2020 at 05.05 p.m. Mr. Tushar P. Kuwar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 30.01.2020
Order signed by P.O. on 30.01.2020
Order uploaded on 30.01.2020
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