Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit No. 936 of 2019.
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.936 OF 2019
(CNR NO. MH CC010000302019)
Exhibit17
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..
Vilas Ramchandra Yadav.
Address: Kashinath Dhurve Chawl,
Room No.08, Behind Amrut Lahri Building,
Ram Joshi Marg, Bhatwadi,
Ghatkopar (West), Mumbai – 400 074. ....Defendant.
SUIT FOR RECOVERY OF Rs.1,25,000/
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)
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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 affidavit of
Rs.1,25,000/ dated 10 th July, 2018 against the loan of Rs.1,25,000/
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.1,25,000/ 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 inspite of receipt of the
legal notice dated 19th November, 2018 and 11th March, 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 :
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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.1,25,000/ 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 8.
In order to prove the case of the plaintiff filed following documentary
evidence.
Exhibit.
No.
Description of
documents
Date
Exhibit10 Original receipt and
affidavit
10/07/2018
Exhibit 11 Office copy of demand
notice along with
acknowledgment of postal
receipt and postal card.
19/11/2018
Exhibti 12 Consent Letter 31/01/2019
Exhibit 13 Original dishonoured
cheque bearing no.061572
06/02/2019
Exhibit14 Copies of cheque return
memos with details
07/02/2019
Exhibit 15 Demand notice along with
original postal receipts
and one return packets.
11/03/2019
Exhibit 16 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 Exhibit10, 11, 12,
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13, 14, 15 and 16 goes to establish that plaintiff has given amount of
Rs.1,25000/ to the defendant as loan. The documents further prove
that the amount of Rs.1,25,000/ 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 10 to 16 goes to establish that the defendant is liable to pay
Rs.1,25,000/ 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.1,25,000/ 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.1,25,000/. 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.1,25,000/ 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
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the following order:
: O R D E R :
1.The defendant shall pay Rs.1,25,000/ (Rupees One Lac
Twenty Five 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 11.30 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
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