Final Order 1

Order Details: Copy of Judgment
Pdf Text: Filed on : 21.09.2019
Registered on : 09.10.2019
Decided on : 27.01.2020
Duration : Yr00 Mth03 Days20
THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.994 OF 2019
(CNR NO.MHCC010096782019)
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. Santosh Maruti Kamble,
Age.: 44 years, Occ.: Service,
Address : Aup Chheda Society,
1/1, Shankar Shambhu Chawl,
Aup Bharat Floor Mill,
Kanjur Marg, Bhandup,
Mumbai – 400 042. ....Defendant
SUIT FOR RECOVERY OF Rs.3,00,000/
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 : 27 th January, 2020.
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2 Sum .Suit No. 994 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 in his name at
L.G./96/05/10, Indra Nagar, Sundar Baug, Behind Hanuman Mandir,
Kamani, Kurla, Mumbai – 400 070. The defendant is working at the
above address. The defendant executed in favour of the plaintiff a
promissory note of Rs.3,00,000/ dated 15 th October, 2018 against the
loan of Rs.3,00,000/ received by the defendant from the plaintiff on
the above said date by the said promissory note. The defendant had
promised to pay to the plaintiff the said sum of Rs.3,00,000/ without
interest. But, the defendant failed to pay to the plaintiff inspite of
demands and reminders and receipt of the legal notice dated 01st
January, 2019. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.3,00,000/.
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 :
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3 Sum .Suit No. 994 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.3,00,000/ with
interest
@ 18 % per annum.
2 What order and decree? As per final order.
R E A S O N S
5. Plaintiff Ritesh Narsingh Kharatmol has filed his affidavit at
Exhibit6. 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.3,00,000/
15/10/2018.
Exhibit9 Demand notice along with
original postal receipts
and two 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.3,00,000/ to the
defendant as loan. The documents further prove that the amount of
Rs.3,00,000/ 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.3,00,000/ 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
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4 Sum .Suit No. 994 of 2019
plaintiff. In this background, it is held that plaintiff is entitled to recover
sum of Rs.3,00,000/ 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 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.3,00,000/. 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.3,00,000/ 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.3,00,000/ (Rs. Three Lakh
only) to the plaintiff with interest at the rate of 10%
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.
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4. Court fee, if any, be refunded as per rule.
Date : 27.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 27.01.2020
Signed on : 27.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
27.01.2020 5.45 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 27.01.2020
Order signed by P.O. on 27.01.2020
Order uploaded on 27.01.2020
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