Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Received on : 06.08.2019
Registered on : 06.08.2019
Decided on : 06.01.2020
Duration : 0Y.05M.00D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.795 OF 2019
(CNR NO. MH CC010082972019)
Exhibit15
Mr.Shivaji Gangaram Arote.
Age.: 29 years, Occ.: Money Lender,
Address.: Jai Shankar Chowki,
Halav Pool, PipeLine, Margusheth Chawl,
Kurla West, Mumbai – 400 070. ….Plaintiff.
..Versus..
Mr. Balappa Narayan Gajare.
Age.: 44 years, Occ.: Service,
Address: A/203, Building No.7/A,
2nd Floor, Vishvashanti Society,
Mukund Nagar, Vashinaka,
Railway crossing R.C. Marg,
Chembur, Mumbai – 400 074. ....Defendant.
SUIT FOR RECOVERY OF Rs.2,50,000/
Appearance:
Mr.Balbheem Patil, 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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DATE : 06 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 a Money Lender carrying on Business of
Money Lending in his name at JaiShankar Chowk, Halav Pool, PipeLine,
Margusheth Chawl, Kurla West, Mumbai – 400 070. The defendant is
engaged in the Municipal Corpoaration of Greater Mumbai. The
defendant executed in favour of the plaintiff a promissory note of Rs.
2,50,000/ dated 10 th May, 2018 against the loan of Rs.2,50,000/
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.2,50,000/ 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 07th January, 2019. Hence, plaintiff is constrained to file the suit
for recovery of the said amount. The total suit claim of the plaintiff for
Rs.2,50,000/.
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
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.2,50,000/ with
interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff Shivaji Gangaram Aorte has filed his affidavit at
Exhibit 6. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit8 Original dishonored
Demand Promissory Note
of Rs. 2,50,000/
10/05/2018
Exhibit9 Form No.10 10/05/2018
Exhibit 10 Demand notice along with
original postal receipts
and one return packets.
07/01/2019
Exhibit 11 Money Lending License of
the plaintiff pertaining to
loan period
13/7/2018
Exhibit 12 Cash book of the plaintiff
pertaining to loan
transaction between the
plaintiff and defendants.
10/5/2018
Exhibit 13 Ledger book of the
plaintiff pertaining to loan
period between the
plaintiff and defendant.
10/05/2018
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8, 9,
10, 11, 12 and 13 goes to establish that plaintiff has given amount of
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–4– SummarySuit No.795 of 2019
Rs.2,50,000/ to the defendant as loan. The documents further prove that
the amount of Rs.2,50,000/ 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
13 goes to establish that the defendant is liable to pay Rs.2,50,000/ 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.2,50,000/ 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.2,50,000/.
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.2,50,000/ 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.2,50,000/ (Rupees Two Lacs
Fifty 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:06.01.2019 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 06.01.2020
Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
10.01.2020 at 11.10 am. 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 06.01.2020
Order signed by P.O. on 06.01.2020
Order uploaded on 10.01.2020
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