Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit No. 741 of 2019.
Presented On : 24.07.2019
Registered On : 24.07.2019
Delivered On : 07.01.2020
Duration : 00Y. 05M. 14D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.741 OF 2019
(CNR NO. MH CC010068272019)
Exhibit 11
Rameshkumar Babulal Shah.
Age.:58 years, Occ.:
Address: 12, Kakad Wadi, Ground Floor,
Mogre Building, V.P. Road,
Bombay – 400 004. ….Plaintiff
..Versus..
1. Dattaram Tanaji Koli.
Address : Rajesh Patil House,
New Mandala Village, SionTrombay Road,
Mumbai – 400 088.
2. Vitthal Jagannath Adagale.
Address : Room No.403, Gangadhar Tower,
4th Floor, Sector No.9, Kamothe,
Navi Mumbai. ...Defendants.
SUIT FOR RECOVERY OF Rs.85,000/
Appearance:
Mr.Dileep Sutale, 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 : 07 th January,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 and defendants are the residents of Mumbai. Both are
known to each other. The plaintiff advanced to defendants no. 1 and 2
the sum of Rs.85,000/ on 28th September, 2018 in cash with interest at
the rate of 18% p.a. for which defendants have executed Bill of exchange
in favour of the Plaintiff. Defendants have promised to pay to the plaintiff
the said sum of Rs.85,000/ with interest thereon, at the rate of 18% per
annum on demand. But, defendants failed to pay to the plaintiff inspite
of demands, reminders and receipt of the legal notice dated 15th April,
2019. Hence, plaintiff is constrained to file the suit for recovery of the
said amount. The total suit claim of the plaintiff for Rs.85,000/.
3. The suit summons were duly served on the defendants, but they have
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
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of Rs.85,000/
with interest
@ 10 % per annum.
2 What order and decree? Suit is decreed.
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R E A S O N S
5. The plaintiff Rameshkumar Babulal Shah has filed his affidavit at
Exhibit 3. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit8 Original Bill of Exchange 28/09/2018
Exhibit9 Plaintiff's advocate notice
of demand alongwith
courier reciept.
15/04/2019
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8 and 9 goes to
establish that the plaintiff has given amount of Rs.85,000/ to defendants
as loan. The documents further prove that the amount of Rs.85,000/ is
due and payable to the plaintiff from defendants towards the loan
amount. Defendants have failed to repay the said loan amount to the
plaintiff. The documents at list Exhibits 8 and 9 goes to establish that
defendants are liable to pay Rs.85,000/ to the plaintiff on the date of
filing of the suit towards the said loan amount and therefore defendants
have failed to repay their loan amount to the plaintiff. In this
background, it is held that plaintiff is entitled to recover sum of
Rs.85,000/ from defendants.
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 no 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 @ 10% per annum would be just and proper to be awarded on
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the principle sum adjudged i.e. amount of Rs.85,000/. 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.85,000/ from the defendant with
interest at the rate of Rs.10% 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. Defendant No.1 and 2 shall jointly or severally pay
Rs.85,000/ (Rupees Eighty five thousand only) to the
plaintiff with interest at the rate of 10% per annum from
the date of filing of the suit till its realization.
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:07.01.2020 (Smt. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 07.01.2020
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
18.01.2020 04.25 p.m. Mrs. P.R.Wagh
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 07.01.2020
Order signed by P.O. on 07.01.2020
Order uploaded on 18.01.2020
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