Final Order 1

Order Details: Notice of Motion
Pdf Text: Received on : 06.08.2019
Registered on : 06.08.2019
Decided on : 06.01.2020
Duration : 0Y.05M.00D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
BOMBAY
SUMMARY SUIT NO.792 OF 2019
(CNR NO. MH CC010066562019)
Exhibit15
Mr.Shivaji Gangaram Arote.
Age.: 29 years, Occ.: Money Lender,
Address: Jai Shankar Chowki,
Halav Pool, PipeLine, Margusheth Chawl,
Kurla West, Mumbai – 400 070. ….Plaintiff.
..Versus..
Mr. Jagannath Jaysingh Avaghade.
Age.: 51 years, Occ.: Service,
Address: Room No.2, B.M.C. Building,
Near Barve Nagar, Samshanbhumi
Ghatkopar (West), Mumbai 84. ...Defendant.
SUIT FOR RECOVERY OF Rs.1,50,000/
Appearance:
Mr.Balbheem Patil, 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).
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DATE : 06 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 at JaiShankar Chowk, Halav Pool, Pipe
Line, Margusheth Chawl, Kurla West, Mumbai – 400 070. The
defendant is engaged in the Municipal Corpoaration of Greater
Mumbai. The defendant executed in favour of the plaintiff a promissory
note of Rs. 1,50,000/ dated 05 th July, 2018 against the loan of Rs.
1,50,000/ 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. 1,50,000/ 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 07th January, 2019. Hence, plaintiff is constrained to
file the suit for recovery of the said amount. The total suit claim of the
plaintiff for Rs.1,50,000/.
3. The suit summons were duly served on the defendant but
he failed to appear. Hence, suit is po2sted 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– SummarySuit No.792 of 2019
POINTS FINDINGS
1 What is due and payable from the
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.1,50,000/ with
interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff Shivaji Gangaram Aorte has filed his
affidavit at Exhibit 6. In order to prove the case of the plaintiff filed
following documentary evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit8 Original dishonored
Demand Promissory Note
of Rs. 1,50,000/
05/07/2018
Exhibit9 Form No.10 05/07/2018
Exhibit 10 Demand notice along with
original postal receipts
and one return packets.
07/01/2019
Exhibit 11 Money Lending License of
the plaintiff pertaining to
loan period
13/07/2019
Exhibit 12 Cash book of the plaintiff
pertaining to loan
transaction between the
plaintiff and defendants.
05/07/2018
Exhibit 13 Ledger book of the
plaintiff pertaining to loan
period between the
plaintiff and defendant.
05/07/2018
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8, 9,
10, 11, 12 and 13 goes to establish that plaintiff has given amount of
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–4– SummarySuit No.792 of 2019
Rs.1,50,000/ to the defendant as loan. The documents further prove
that the amount of Rs.1,50,000/ 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 8 to 13 goes to establish that the defendant is liable to pay
Rs.1,50,000/ 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.1,50,000/ 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.1,50,000/. 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.1,50,000/ 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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–5– SummarySuit No.792 of 2019
: O R D E R :
1. The defendant shall pay Rs.1,50,000/(Rupees
One Lac Fifty Thousand 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:06.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 06.01.2020
Signed on : 06.012020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
10.01.2020 at 11.03 pm. PUSHPA RAMESH WAGH
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 06.01.2020
Order signed by P.O. on 06.01.2020
Order uploaded on 10.01.2020
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