Order 1

Order Details: Copy of Judgment
Pdf Text: Summary Suit No.799 of 2019
Received on : 06.08.2019
Registered on : 06.08.2019
Decided on : 10.01.2020
Duration : 0Y.06M.04D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.799 OF 2019
(CNR NO. MH CC010071862018)
Exhibit
Swati Sahebrao Gadge.
Age.: 30 years, Occ.: Money Lender,
Address: Room No.11, Stany Chawl,
Wadia Estate,
Kurla (West), Mumbai – 400 070. ….Plaintiff.
..Versus..
Jaya Devshi Padaya.
Age.: Not known, Occ.: Service,
Address: J/16, New Chawl, L.B.S. Marg,
Kurla Garden, Kurla
Mumbai – 400 070. ...Defendant.
SUIT FOR RECOVERY OF Rs.2,50,000/
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).
DATE : 10 th 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 a Money Lender carrying on Business of Money
Lending in her name at Room No.11, Stany Chawl, Wadia Estate,
Kurla (West), Mumbai – 400 070. The defendant is engaged in the
Municipal Corporation of Greater Mumbai. The defendant executed in
favour of the plaintiff a promissory note of Rs.1,50,000/ dated 20 th
June, 2016 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 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.1,50,000/.
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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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.1,50,000/ with
interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
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
Exhibit7 Original Demand Promi
ssory Note of Rs.
1,50,000/
20/06/2016
Exhibit 8 Demand notice issued by
plaintiff's advocate along
with two postal envelop.
15/05/2018
Exhibit 9 Money Lending License of
the plaintiff pertaining to
loan period
20/08/2016
Exhibit10 Form No.8 20/06/2016
Exhibit 11 Cash book of the plaintiff
pertaining to loan
transaction between the
plaintiff and defendants.
20/06/2016
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.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
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4 Summ. Suit No. 799 of 2019
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.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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: 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:10.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 10.01.2020
Signed on : 10.012020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
10.01.2020 05.30 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 10.01.2020
Order signed by P.O. on 10.01.2020
Order uploaded on 14.01.2020
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