Final Order 1

Order Details: Copy of Judgment
Pdf Text: Presented On : 22.06.2019
Registered On : 22.06.2019
Delivered On : 13.01.2020
Duration : 00Y. 06M. 22D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.785 OF 2019
(CNR NO. MH CC010074662019)
Exhibit 12
Gangaram Malku Gadge.
Age.:59 years, Occ.: Business,
Residing at Room No.11, Stany Welfare Housing
Society, Opp. Building No.16, Wadia Estate,
Bail Bazar, Kurla (West),
Mumbai – 400 070. ….Plaintiff
..Versus..
Haresh Ramesh Solanki.
Age.: Not known, Occ.: Service,
R/at.: B/3, Municipal Chawl,
Ground Floor Near Lions Garden,
Takia Ward, L.B.S. Marg, Kurla (W)
Mumbai – 400 070. ...Defendant.
SUIT FOR RECOVERY OF Rs.1,52,569.86ps
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.785 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.1,00,000/ on
25th 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.1,00,000/ 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, 2019. Hence, plaintiff is constrained to file the suit for recovery
of the said amount. The total suit claim of the plaintiff for
Rs.1,52,569.86ps.
3. The suit summons were duly served on the defendant but
he failed to appear. Hence, suit is1.61" 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.1,52,569.86/
at the rate of 18 % per
annum.
2 What order and decree? As per final order.
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3 Sum.Suit No.785 of 2019.
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 Promissory Note of
Rs.1,00,000/
25/06/2015
Exhibit8 Plaintiff's advocate letter
along with postal
acknowledgment
15/05/2018
Exhibit9 Money Lending License 02/02/2015
Exhibit10 Forms under Bombay
Money Lending Act
25/06/2015
Exhibit11 Books of account. 25/06/2015
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8, 9, 10
and 11 goes to establish that plaintiff has given amount of
Rs.1,00,000/ to the defendant as loan. The documents further prove
that the amount of Rs.1,00,000/ 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 8 to 11 goes to establish that the defendant is liable to pay
Rs.1,52,569.86 ps 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.1,52,569.86 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
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4 Sum.Suit No.785 of 2019.
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.1,52,569.86 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.1,52,569.86ps 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.1,52,569.86ps.(Rupees One
Lacs Fifty Two Thousand Five Hundred Sixty Nine and
Eighty Six 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
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5 Sum.Suit No.785 of 2019.
“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 13.01.2020
Order signed by P.O. on 13.01.2020
Order uploaded on 18.01.2020
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