Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Presented on : 20.09.2019
Registered on : 20.09.2019
Decided on : 10.01.2020
Duration : 0Y.03M.21D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.935 OF 2019
(CNR NO. MH CC010087292019)
Exhibit13
Mr.Jagdish H. Singh.
Age.: not known, Occ.: Money Lender,
Address.: Shivsagar Rahivashi
Sangh, Room No.1, Chawl no.09,
R.B.Kadam Marg, Bhatwadi,
Ghatkopar (West), Mumbai – 400 084. ….Plaintiff.
..Versus..
Mr. Sunil Vithal Chikle.
Address: Shivsagar Rahivashi Sangh,
Room No.05, Chawl No. 13,
Near Shiv Sambhoo Kirda Mandal,
R.B. Kadam Marg, Bhatwadi,
Ghatkopar (West), Mumbai – 400 074. ....Defendant.
SUIT FOR RECOVERY OF Rs.49,000/
Appearance:
Mr.Siddhant Shetty, 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)
-- 1 of 5 --
–2– SummarySuit No.935 of 2019
DATE : 10 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 name of M/s. Jagdish H. Singh at Shivsagar Rahivashi
Sangh, Room No.1, Chawl no.09, R.B.Kadam Marg, Bhatwadi,
Ghatkopar (West), Mumbai – 400 084. The defendant approached to the
plaintiff and demanded friendly loan for his business from plaintiff. The
defendant executed in favour of the plaintiff a promissory note of Rs.
49,000/ dated 15 th April, 2018 against the loan of Rs.49,000/ 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.49,000/ 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 and reminders and in spite of receipt of the legal notice
dated 19th November, 2018 and 11th February, 2019. Hence, plaintiff is
constrained to file the suit for recovery of the said amount.
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 :
-- 2 of 5 --
–3– SummarySuit No.935 of 2019
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.49,000/
with interest
@ 18 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff Jagdish H.Singh has filed his affidavit at Exhibit
5. In order to prove the case of the plaintiff filed following documentary
evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit7 Original receipt and
affidavit
15/04/2018
Exhibit 8 Office copy of demand
notice along with
acknowledgment of postal
receipt and postal card.
19/11/2018
Exhibit 9 Original dishonoured
cheque bearing no.100022
06/02/2019
Exhibit10 Copies of cheque return
memos with details
11/02/2019
Exhibit 11 Demand notice along with
original postal receipts
and one return packets.
11/03/2019
Exhibit 12 Money Lending License of
the plaintiff pertaining to
loan period
01/4/2018
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit7, 8, 9,
10, 11 and 12 goes to establish that plaintiff has given amount of
Rs.49,000/ to the defendant as loan. The documents further prove that
-- 3 of 5 --
–4– SummarySuit No.935 of 2019
the amount of Rs.49,000/ 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
12 goes to establish that the defendant is liable to pay Rs.49,000/ 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.49,000/ 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.49,000/.
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.49,000/ 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:
-- 4 of 5 --
–5– SummarySuit No.935 of 2019
: O R D E R :
1.The defendant shall pay Rs.49,000/ (Rupees Forty Nine
thousand 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:10.01.2019 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 10.01.2020
Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
15.01.2020 at 11.20 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 10.01.2020
Order signed by P.O. on 10.01.2020
Order uploaded on 15.01.2020
-- 5 of 5 --