Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 738 of 2019.
Filed on : 04.07.2019
Registered on : 23.07.2019
Decided on : 27.02.2020
Duration : Year-00 Month-07 Days-25
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.738 OF 2019
(CNR NO.MHCC01-006829-2019)
Exhibit-10
Rameshkumar Babulal Shah
Age: 58 years
Address -12, Kakad Wadi,
Gr. floor, Mogre Building,
V. P. Road, Bombay - 400004. ….Plaintiff
..Versus..
1. Shobha Rudaynath @ Hrudaynath Torne
Address - Mukund Nagar,
Lokhande Marg, Near Babasaheb Ambedkar Marg,
Chembur East, Mumbai - 71.
2. Balu Nivruti Bhandari
Age: Adult
Address: R. No. 120, Sai Samta Nagar,
S.T. Road, Near Mahakali Temple,
Lal Dongar, Chembur (E),
Mumbai- 400 071. ....Defendants
SUIT FOR RECOVERY OF Rs.54,537/-
Appearance:-
Advocate, Dilip Satale for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 27th February, 2020.
: J U D G M E N T :
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2 Sum. Suit No. 738 of 2019
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 it is the case of the plaintiff that On 27.11.2018 the defendant
No.1 drew Bill of exchange directing there by defendant No.2 to pay on
demand amount of Rs.50,000/- The defendant had promised to pay to
the plaintiff the said sum of Rs.50,000/-. But, the defendant No.1 an 2
failed to pay to the plaintiff inspite of demands, reminders. Hence,
plaintiff is constrained to file the suit for recovery of the said amount.
The total suit claim of the plaintiff for Rs.54,537/-
3. The suit summons were duly served on the defendant but they
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.54,537
with interest
@ 18 percent per
annum
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff Rameshkumar Babulal Shah has filed affidavit of
examination of in chief at Exhibit-6. In order to prove the case of the
plaintiff filed following documentary evidence.
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3 Sum. Suit No. 738 of 2019
Exhibit.
No.
Description of documents Date
8 Bill of Exchange 27.11.2018
9 The Plaintiff’s Advocates’ letter
alongwith the Courier records in respect
thereof.
12.06.2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-8 and 9
goes to establish that plaintiff has given amount of Rs.50,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.50,000/- is due and payable to the plaintiff from defendant towards
the loan amount. The defendant have failed to repay the said loan
amount to the plaintiff. The documents at list Exhibits-8 and 9 goes to
establish that the defendant are liable to pay Rs.54,537/- to the plaintiff
on the date of filing of the suit towards the said loan amount and
therefore, the defendant have failed to repay his loan amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.54,537/-. from the defendant.
7. The plaintiff has claimed 18% 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 no such
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a commercial and rate of
interest @ 18% per month would be just and proper to be awarded on
the principle sum adjudged i.e. amount of Rs.54,537/-. Hence, point
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4 Sum. Suit No. 738 of 2019
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.54,537/- from the defendant with
interest at the rate of Rs.18% per month from the date of filing of the
suit till its realization. Plaintiff is also entitled to recover cost of the suit
from defendant. Hence, in answered to point No.2, I proceed to pass the
following order.
: O R D E R :
1. The defendants shall pay Rs.54,537/- (Rs. Fifty four
thousand five hundred and thirty seven Only) to the
plaintiff with interest at the rate of 18% per month from
the date of filing of the suit till its realization.
2. The 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 :27.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 27.02.2020.
Signed on : 27.02.2020.
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5 Sum. Suit No. 738 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
27.02.2020 5.15 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 27.02.2020
Order signed by P.O. on 27.02.2020
Order uploaded on 27.02.2020
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