Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 21.09.2019
Registered on : 09.10.2019
Decided on : 05.02.2020
Duration : Yr 00 Mth03 Days28
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.995 OF 2019
(CNR NO.MHCC010096692019)
Exhibit11
Mr. Ritesh Narsingh Kharatmol.
Age.: 33 years, Occ.: Business (Money Lender)
Address.: L.G./96/05/10, Indra Nagar,
Sundar Baug, Behind Hanuman Mandir,
Kamani, Kurla, Mumbai – 400 070 ….Plaintiff
..Versus..
Mr. Jayendra Jaiprakash Tirmare.
Age.: 41 years, Occ.: Service,
Address : Room No. 3527, Chawl No. 271,
Navjivan Nagar
Hariyali village, opp.: to BaudhVihar,
Vikhroli East, Mumbai – 400 083. ....Defendant
SUIT FOR RECOVERY OF Rs.5,00,000/
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 : 05 th February, 2020.
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4 Sum. Suit no. 995 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 and the defendant are friends. The plaintiff is a Money
Lender carrying on Business of Money Lending. The defendant
approached plaintiff for friendly loan. The defendant executed in favour
of the plaintiff a promissory note of Rs.5,00,000/ dated 25 th October,
2018 against the loan of Rs.5,00,000/ received by him 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.5,00,000/ without interest on demand. But, the defendant failed to
pay to the plaintiff inspite of demands and reminders. Hence, plaintiff
is constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.5,00,000/.
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 :
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.5,00,000/ with
interest
@ 18 % per annum.
2 What order and decree? As per final order.
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4 Sum. Suit no. 995 of 2019.
R E A S O N S
5. PlaintiffRitesh Narsingh Kharatmol has filed his affidavit at
Exhibit.6. 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 Rs5,00,000/
25/10/2018.
Exhibit 9 Demand notice along with
original postal receipts
and one return packets.
01/01/2019
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit8 and 9
goes to establish that plaintiff has given amount of Rs.5,00,000/ to the
defendant as friendly loan. The documents further prove that the
amount of Rs.5,00,000/ 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 Exhibits8
and 9 goes to establish that the defendant is liable to pay Rs.5,00,000/
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.5,00,000/ 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 contract pertaining to the same between the parties. In the
present case the transaction is commercial one and there is such
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4 Sum. Suit no. 995 of 2019.
contract existing between the parties as to the rate of interest which
shall be levied. Therefore, the transaction is a loan 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 Rs5,00,000/. 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.5,00,000/ 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.5,00,000/ (Rupees Five
Lakh 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:05.02.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court, Gr. Bombay
Typed on : 05.02.2020
Signed on : 13.02.2020
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4 Sum. Suit no. 995 of 2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
13.02.2020 4.45 p.m. Mrs. Varsha Ghanekar
(Board Clerk)
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Adhoc Judge.
(Court Room No.59)
Date of pronouncement of Order 05.02.2020
Order signed by P.O. on 13.02.2020
Order uploaded on 13.02.2020
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