Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 759 of 2019
Presented On : 25.07.2019
Registered On : 25.07.2019
Delivered On : 13.01.2020
Duration : 00Y.05M.19D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.759 OF 2019
(CNR NO. MH CC010069372019)
Exhibit 14
Gangaram Malku Gadge.
Age.:59 years, Occ.: Money Lender,
Residing at Room No.11, Stany Welfare Housing
Society, Opp. Building No.16, Wadia Estate,
Bail Bazar, Kurla (West),
Mumbai – 400 070. ….Plaintiff
..Versus..
Sandesh Kashiram Yadav.
Age.: Not known, Occ.: Service,
R/at.: Suchita Coop. Hsg. Society, Room No.173,
Flat No.406, 4th Floor, Opposite Old Post Office,
Ambika Nagar, Bhrahman Ali Bhiwandi – 421 302. ...Defendant.
SUIT FOR RECOVERY OF Rs.3,00,000/
Appearance:
Mr.Ramesh Jain, 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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2 Sum. Suit No. 759 of 2019
DATE : 13 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 carrying on business of money lending in Mumbai.
The plaintiff advanced to the defendant the sum of Rs.3,00,000/ on
12th June, 2015 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.3,00,000/ 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 15th
May, 2018. Hence, plaintiff is constrained to file the suit for recovery
of the said amount. The total suit claim of the plaintiff for
Rs.4,59,632.87 ps.
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 :
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3 Sum. Suit No. 759 of 2019
POINTS FINDINGS
1 What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amt of
Rs.4,59,632.87/
at the rate of 18 % per
annum.
2 What order and decree? As per final order.
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
Exhibit9 Promissory Note of
Rs.3,00,000/
12/06/2015
Exhibit10 Plaintiff's advocate letter
along with postal
acknowledgment
15/05/2018
Exhibit11 Money Lending License 02/02/2015
Exhibit12 Forms No. 8 under
Bombay Money Lending
Act
12/06/2015
Exhibit13 Books of account. 15/06/2015
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit9,10,11,12
and 13 goes to establish that plaintiff has given amount of
Rs.3,00,000/ to the defendant as loan. The documents further prove
that the amount of Rs.3,00,000/ 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
Exhibits 9 to 13 goes to establish that the defendant is liable to pay
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4 Sum. Suit No. 759 of 2019
Rs.4,59,632.87ps 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.4,59,632.87ps. 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.4,59,632.87 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.4,59,632.87ps. 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 Sum. Suit No. 759 of 2019
: O R D E R :
1.The defendant shall pay Rs.4,59,632.87ps. (Rupees Four
Lacs, Fifty Nine Thousand, Six Hundred Thirty Two and
Eighty Seven paisa 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:13.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 13.01.2020
Signed on : 13.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
18.01.2020 at 3.50p.m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Judgment 13.01.2020
Judgment signed by P.O. on 13.01.2020
Judgment uploaded on 18.01.2020
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