Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum. Suit No. 879 of 2019.
Filed on : 20.08.2019
Registered on : 04.09.2019
Decided on : 11.02.2020
Duration : Year-00 Month-05 Days-08
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.879 OF 2019
(CNR NO.MHCC01-008725-2019)
Exhibit-12
Mahendra Premchandji Jain
Age :58 years,
Address: 46, Modi Street,
Ground Floor, Fort,
Mumbai – 400 001. ….Plaintif
..Versus..
Ajmal Chand Karim
Age.: Adult,
Working for gain Western Railway,
CCO’S ofce, CCO’s Com. Department,
Station Bldg., 3rd Floor,
Churchgate.
And
Residing at : Room No.10, Panwala Chawl,
Anand Road, Vikroli Park Site,
Sidhivinayak Soc.,
Mumbai – 400 079. ....Defendant
SUIT FOR RECOVERY OF Rs.1,01,775.34ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintif.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE: 11th February, 2020.
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2 Sum. Suit No. 879 of 2019
: 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 plaintif advanced to the defendant the sum of
Rs.1,00,000/-. The defendant received the said cheque and in
discharge of his liability, issued cheque of Rs.1,00,000/- dated
26.06.2019 drawn on Bank of India, Churchgate, Mumbai to
the plaintif. The defendant promised that said cheque will be
honored by the bank when presented for payment. The said
cheque was dishonored, when deposited by plaintif with his
banker with the remark “fund insufcientn. Inspite of receipt of
letter issued by Advocate of the plaintif, defendant failed to
pay to the plaintif the said amount. Hence ,plaintif is
constrained to fle the suit for recovery of the said amount.
The total suit claim of the plaintif for Rs.1,01,775.34ps.
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
fndings there on are as under for the reasons stated there
under :-
POINTS FINDINGS
1 What is due and payable from
the defendant to the plaintif
A] If yes, what would be the rate
of interest
Amount of
Rs.1,01,775.34 with
interest
@ 18% per annum.
2 What order and decree Suit is decreed.
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R E A S O N S
5. In order to prove the case of the plaintif fled following
documentary evidence.
Exhibit.
No.
Description of documents Date
Exhibit-9 Cheque of Rs.100000/- 26.06.2019
Exhibit-10 Memo of dishonored 29.06.2019
Exhibit-11 Plaintif’s Advocate’s letter. 10.07.2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintif at
Exhibit-9 to 11 go to establish that plaintif has given amount
of Rs.1,00,000/- to the defendant. The documents further
prove that the amount of Rs.1,00,000/- is due and payable to
the plaintif from defendant. The defendant has failed to repay
the said loan amount to the plaintif. The documents at list
Exhibit-9 to 11 go to establish that the defendant is liable to
pay Rs.1,01,775.34ps. to the plaintif on the date of fling of
the suit towards the said loan amount and therefore, the
defendant has failed to repay his loan amount to the plaintif.
In this background, it is held that plaintif is entitled to recover
sum of Rs.1,01,775.34 ps. from the defendant.
7. The plaintif 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
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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.1,01,775.34 ps. Hence, point No.1
is answered in the afrmative.
AS TO POINT NO.2:-
8. In view of discussion and fnding on point No.1 it
is held that plaintif is entitled to recover Rs.1,01,775.34ps.
from the defendant with interest at the rate of Rs.18% per
annum from the date of fling of the suit till its realization.
Plaintif 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.1,01,775.34/- (Rs.
One Lakh One Thousand Seven Hundred Seventy
Five and Thirty Four Paise Only) to the plaintif
with interest at the rate of 18% per annum from
the date of fling of the suit till its realization.
2. Defendant do pay costs of the suit to the plaintif.
3. Decree be drawn accordingly.
4. Court fee, if any, be refunded as per rule.
Date:11.02.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 11.02.2020.
Signed on : 11.02.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.n
UPLOAD DATE TIME STENOGRAPHER NAME
11.02.2020 05.05 pm Mr. Tushar P. Kuwar
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of
Order
11.02.2020
Order signed by P.O. on 11.02.2020
Order uploaded on 11.02.2020
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