Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 31.07.2019
Registered on : 27.08.2019
Decided on : 04.02.2020
Duration : Yr00 Mth05 Ds09
THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.847 OF 2019
(CNR NO.MHCC010080092019)
Exhibit11
Mr. Ashok Saibu Gadge
Age.: 37 years, Occ.: Business (Money Lender),
Address:Room No. 2, National Chawl,
Gauri Shankar Nagar, Masrani Lane,
Kurla(W), Mumbai 400 070. ….Plaintiff
..Versus..
Mr. Sudhakar Sailu Vantepaka
Age.: About 41 years, Occ.: Service,
Office Address : Adani Electricity Mumbai,
Employee No.41010335, Adani Industries,
Shankaralaya, Kandivali (W),
Mumbai. ....Defendant
SUIT FOR RECOVERY OF Rs.3,00,000/
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 04th February, 2020.
(C.R.No.59)
Appearances:
Mr.Balbheem Patil, Advocate for the Plaintiff.
Exparte against Defendant.
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
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2 Sum .Suit No. 847 of 2019
2. The facts of the suit are summarized as under :
The plaintiff and the defendant are friends. The plaintiff is a Money
Lender carrying on Business of Money Lending. The defendant is
engaged in the Adani Electricity Mumbai and his employee number is
41010335. The defendant executed in favour of the plaintiff a cheque
for dated 13.06.2019 against the loan of Rs.3,00,000/ received by the
defendant from the plaintiff on the the above said date by the said
cheque. The defendant had promised to pay to the plaintiff the said sum
of Rs.3,00,000/ without interest on demand. But, the defendant failed
to pay to the plaintiff inspite of demands and reminders and receipt of
the legal notice dated 27.06.2019. Hence, plaintiff is constrained to file
the suit for recovery of the said amount. The total suit claim of the
plaintiff for Rs.3,00,000/.
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 :
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.3,00,000/ with
interest
@ 18 % per annum.
2 What order and decree? As per final order.
R E A S O N S
5. Plaintiff has filed his affidavit at Exhibit6. In order to prove the
case of the plaintiff filed following documentary evidence.
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3 Sum .Suit No. 847 of 2019
Exhibit.
No.
Description of documents Date
8 Dishonored cheque of Rs.3,00,000/ 13.06.2019
9 Demand notice along with original
postal receipts and one return
packets.
27.06.2019
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8 & 9 go 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 Exhibits8 & 9 go to
establish that the defendant is liable to pay Rs.3,00,000/ 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.3,00,000/ 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.3,00,000/. Hence, point No.1 is answered in the affirmative.
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4 Sum .Suit No. 847 of 2019
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.3,00,000/ 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.
: O R D E R :
1. The defendant shall pay Rs.3,00,000/ (Rupees Three
Lakh 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 : 04.02.2020 (Smt. S.G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 04.02.2020.
Signed on : 04.02.2020.
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5 Sum .Suit No. 847 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.02.2020 5.30 pm Smt., Laxmi Katthe
(Typist)
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 04.02.2020
Order signed by P.O. on 04.02.2020
Order uploaded on 07.02.2020
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