Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment Summary Suit No.951 of 2019
Received on : 22.08.2019
Registered on : 24.09.2019
Decided on : 28.01.2020
Duration : 0Y. 04 M. 05D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.951 OF 2019
(CNR NO. MH CC010087572019)
Exhibit12
Mr. Santosh Nagurao Gadge.
Age.: 27 years, Occ.: Money Lender,
Address: Room No.4, N.M.Gadge Chawl,
Makadwala Compound, Jai Shankar Chowk,
Halapool Road, Kurla (W),
Mumbai – 400 070. ….Plaintiff.
..Versus..
Mrs. Vanita Ramchandra Bhosale.
Age.: 42 years, Occ.: Service,
Address: Room No.44, Building No.4,
01st Floor, B.M.C. Staff Quarters,
Dadasaheb Phalke Road,
Gautam Nagar, Dadar East,
Mumbai – 400 014. ...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).
DATE : 28 th January, 2020
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2 Summ. Suit No. 951 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 plaintiff is a Money Lender carrying on Business of Money
Lending in his name. The defendant is engaged in the Municipal
Corporation of Greater Mumbai. The defendant executed in favour of
the plaintiff a promissory note of Rs.2,50,000/ dated 02 nd July, 2017
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 08th May,
2018. 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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3 Summ. Suit No. 951 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.2,50,000/ with
interest
@ 18 % per annum.
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
Exhibit8 Original dishonored
Demand Promissory Note
of Rs. 2,50,000/
02/07/2017
Exhibit 9 Demand notice issued by
plaintiff's advocate with
return one postal envelop.
08/05/2018
Exhibit 10 Money Lending License of
the plaintiff pertaining to
loan period
02/07/2017
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit 8, 9 and
10 goes to establish that plaintiff has given amount of 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 10
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
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4 Summ. Suit No. 951 of 2019
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:
: O R D E R :
1. The defendant shall pay Rs.2,50,000/(Rupees
Two Lac Fifty 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.
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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:28.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 28.01.2020
Signed on : 28.012020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
28.01.2020 05.15 p.m. Mr. Tushar P. Kuwar
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 28.01.2020
Order signed by P.O. on 28.01.2020
Order uploaded on 28.01.2020
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