Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum. Suit No. 978 of 2019.
Filed on : 25.09.2019
Registered on : 09.10.2019
Decided on : 01.02.2020
Duration : Year00 Month03 Days24
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.978 OF 2019
(CNR NO.MHCC010099162019)
Exhibit12
Shankar Malku Annareddy
Age: 39 years, Occ.: Money Lender,
Address : Room No. 11, Gauri Shankar Nagar,
Masrani Lane, Halav Pool Road,
Kurla(W), Mumbai 400 070. ….Plaintiff
..Versus..
Vishwanath V. Gardi,
Age: Adult,
Working for gain with G.N. Khalsa College,
Dept.: Physics, Designation : Lab Attendant,
Matunga, Mumbai – 400 019.
Residing at : E.6/4, Suryaprakash Rahiwashi
Mandal, Wadala Shiwree Cross Road,
Wadala, Mumbai – 400 031. ....Defendant.
SUIT FOR RECOVERY OF Rs.1,78,109.58ps.
CORAM : HER HONOUR JUDGE
Smt. SABIHA G. SHAIKH
DATED : 01st February, 2020.
(C.R.No.59)
Appearance:
Mr. Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
: J U D G M E N T :
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
-- 1 of 5 --
2 Sum. Suit No. 978 of 2019
2. The facts of the suit are summarized as under :
The plaintiff is carrying on business of money lending in Mumbai.
The defendant is working as Lab Attendant in G.N. Khalsa College,
Matunga, Mumbai. The plaintiff advanced to the defendant the sum of
Rs.1,50,000/ on 07.09.2018 with interest at the rate of 18% p.a. for
which the defendant had executed Demand Promissory note in favour
of the Plaintiff. The defendant had promised to pay to the plaintiff the
said sum of Rs.1,50,000/ with interest thereon, at the rate of 18% per
annum on demand. But, the defendant failed to pay to the plaintiff
inspite of demands, reminders and receipt of the legal notice dated
30.07.2019. Hence, plaintiff is constrained to file the suit for recovery of
the said amount. The total suit claim of the plaintiff for
Rs.1,78,109.58ps.
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.1,78,109.58 ps 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, plaintiff filed following
documentary evidence.
-- 2 of 5 --
3 Sum. Suit No. 978 of 2019
Exhibit.
No. Description of documents Date
7 Promissory Note of Rs.1,50,000/. 07.09.2018
8 Plaintiff's Advocate letter along with
postal acknowledgment.
30.07.2019
9 Money Lender Licence
10 Form under Bombay Money Lending
Act.
11 Books of account.
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit7 to 11 go
to establish that plaintiff has given amount of Rs.1,50,000/ to the
defendant as loan. The documents further prove that the amount of
Rs.1,50,000/ 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 Exhibits7 to 11 go
to establish that the defendant is liable to pay Rs.1,78,109.58ps 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.1,78,109.58ps. 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
-- 3 of 5 --
4 Sum. Suit No. 978 of 2019
proper to be awarded on the principle sum adjudged i.e. amount of
Rs.1,78,109.58ps. 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.1,78,109.58ps. 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.1,78,109.58/ (Rs. One Lakh
Seventy Eight Thousand One Hundred Nine and Fifty
Eight Paise 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 : 01.02.2020 (Smt. S.G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 01.02.2020.
Signed on : 01.02.2020.
-- 4 of 5 --
5 Sum. Suit No. 978 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.02.2020 5.05 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 01.02.2020
Order signed by P.O. on 01.02.2020
Order uploaded on 01.02.2020
-- 5 of 5 --