Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010085762019
Presented On :- 19.08.2019
Registered On :- 03.09.2019
Delivered On :- 06/03/2021
Duration :- Y-01/M-06/D-19
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 877 OF 2019
Exhibit-11
Sunkappa Gurappa Jadhav
Age-47 years
of Mumbai, an adult, Indian ,
inhabitant, having his address at
Lal Patra Chawl No.251, Room No.10,
Cross road, Dharavi, Mumbai-400 017 ….Plaintiff
..Versus..
Tukaram Mahadev Saitawdekar
age not know of Mumbai an adult
Indian inhabitant Working for gain with
B.M.C.Office Eward, 10, Shaikh Hafizuddin
Road, Mumbai-400 008, Department Security
Guard, Designation-SEC Guards
E.C.No.3990412, PS No.A2573 ....Defendant
SUIT FOR RECOVERY OF Rs.66,519.17ps
Appearance:-
Adv. Mr. Ramesh Jain for the Plaintiff.
Exparte against Defendants.
-- 1 of 6 --
2 Sum. Suit No.877/2019
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 06/03/2021
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 :-
On 05.04.2016, the defendant executed a Demand
Promissory Note in favour of the plaintiff for valuable consideration
being a sum of Rs.45,000/- received by the defendant from the plaintiff
against and on the basis of execution and handing over of the said
Demand Promissory Note. By the said demand promissory Note the
defendant promised to pay to the plaintiff said sum of Rs.45,000/-
alongwith interest thereon 18@ p.a. on demand. But, the defendant
failed to pay to the plaintiff inspite of demands, reminders. The plaintiff
sent advocate letter dated 14.07.2016 and called upon the defendant.
But defendant failed to pay to the plaintiff. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.66,519.17ps.
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.
-- 2 of 6 --
3 Sum. Suit No.877/2019
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.66,519.17ps/- with
interest
@ 15 % per annum on
principal amount of
Rs.40,000/-
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
7 Demand promissory note 05/04/2016
8 Notice of demand 14/07/2016
9 Photo copy of Money Lending License 18/01/2017
10 Form No.8 05/04/2016
11 Books of Accounts 05/04/2016
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to
11 goes to establish that plaintiff has given amount of Rs.66,519.17ps to
the defendant. The documents further prove that the amount of
Rs.66,519.17ps is due and payable to the plaintiff from defendant
towards the amount. The defendant have failed to repay the said
amount to the plaintiff. The documents at list Exhibits-7 to 11 goes to
establish that the defendant is liable to pay Rs.66,519.17ps to the
-- 3 of 6 --
4 Sum. Suit No.877/2019
plaintiff on the date of filing of the suit towards the said amount and
therefore, the defendant have failed to repay the said amount to the
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.66,519.17ps from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
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
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a commercial one and rate
of interest @ 15% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.66,519.17ps. 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.66,519.17 from the defendant
with interest on principal amount of Rs.40,000/- at the rate of 15% 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.66,519.17ps (Rs. Sixty Six
Thousand Five Hundred Nineteen and Seventeen Paise
Only) to the plaintiff and interest on principal amount of
Rs.40,000/- at the rate of 15% per annum from the date
of filing of the suit till its realization.
-- 4 of 6 --
5 Sum. Suit No.877/2019
2. Defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date :06/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :06/03/02021
Typed on : 06/03/2021
Signed on :
-- 5 of 6 --
6 Sum. Suit No.877/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/03/2021 05.20 p.m, ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
06/03/2021
JUDGMENT/ORDER signed by
P.O.on
06/03/2021
JUDGMENT/ORDER uploaded on 06/03/2021
-- 6 of 6 --