Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented On : 22.06.2019
Registered On : 22.06.2019
Delivered On : 21.01.2020
Duration : 00Y. 06M. 30D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.853 OF 2019
(CNR NO. MH CC010069522019)
Exhibit 12
Swati Sahebrao Gadge.
Age.:30 years, Occ.: Money Lender,
Residing at Room No.11, Stany Chawl,
Wadia Estate, Kurla (West),
Mumbai – 400 070. ….Plaintiff
..Versus..
Naresh Yashwant Dhotre.
Age.: Not known, Occ.:
Address.: BMC ''L'' Ward,
1st Floor, Conservancy Dept.,
S.G.Barve Marg, Kurla (W),
Mumbai – 400 070. ...Defendant.
SUIT FOR RECOVERY OF Rs.3,05,632.87 ps.
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)
DATE : 21 st January, 2020.
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: 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.2,00,000/ on 20 th 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.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, 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.3,05,632.87ps.
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 :
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.
3,05,632.87ps.
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
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evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit7 Promissory Note of
Rs.2,00,000/
20/06/2015
Exhibit8 Plaintiff's advocate letter
along with postal
acknowledgment
15/05/2018
Exhibit9 Money Lending License 06/11/2015
Exhibit10 Forms No.8 under
Bombay Money Lending
Act
20/06/2015
Exhibit11 Books of account. 20/06/2015
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit7, 8, 9, 10 and
11 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 Exhibits 7 to 11 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.3,05,632.87 ps. 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
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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.3,05,632.87 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.3,05,632.87 ps. 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.
: O R D E R :
1. The defendant shall pay Rs.3,05,632.87 ps (Rupees
Three Lacs Five 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:21.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 21.01.2020
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
23.01.2020 at 01.50 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 21.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 23.01.2020
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