Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010101122019
Presented On :- 03.10.2019
Registered On :- 02.01.2020
Delivered On :- 12/03/2021
Duration :- Y-01/M-05/D-11
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 11 OF 2020
Exhibit-11
Mr. Santosh Nagurao Gadge
of Mumbai an adult Indian Inhabitant,
aged 27 years, Occupation: Business at
Room No.4, N. M. Gadge Chawl, Makadwala
Compound, Jai Shankar Chowk,
Halavpool Road, Kurla (W),
Mumbai-400 070 ….Plaintiff
Versus
Mr. Santosh Maruti Kamble
of Bhandup Mumbai, an adult, Indian
Inhabitant, aged about 38 years,
Occupation: Service, Having his office,
Address at Municipal Corporation of
Greater Mumbai, Employee No.4099752,
Ps No. 6026, L-ward, B.M.C.Office,
Saff Safai Khatte, 02nd Floor, S.G. Barve Marg,
Kurla West Mumbai -400 070 and also having
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His residence address at 1/1, Shankar Shambhu
Chawl, Opp: to Bharat Flour Mill
Bhandup, Mumbai-400 042 ....Defendant
SUIT FOR RECOVERY OF Rs.4,00,000/-
Appearance:-
Adv. Mr. Balbheem Patil for the Plaintiff.
Exparte against defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
JUDGE CITY CIVIL COURT
(C.R. NO.59).
DATE : 12/03/2021
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 businessman. The defendant and the
plaintiff are friends. Therefore, the defendant approached the plaintiff
for friendly help of Rs.4,00,000/- on 20.07.2017. The plaintiff given
Rs.4,00,000/- friendly help to defendant on 20.07.2017 without
interest. For the security of payment of back of said friendly help the
defendant executed in favour of plaintiff, a promissory note of
Rs.4,00,000/- dated 20.07.2017 against the loan of Rs.4,00,000/-
received by the defendant from the plaintiff. Thereafter, said promissory
note was dishonoured by the defendant, the plaintiff sent a notice of
demand dated 07.05.2018. The defendant failed to pay to the plaintiff
in-spite of demands, reminders and receipt of the notice of demand
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3 Sum. Suit No.11/2020
dated 07/05/2018. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.4,00,000/-.
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.4,00,000/- @ 18%
p.a.
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
8 Demand promissory note 20.07.2017
9 Notice of demand 07.05.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits -8
and 9 goes to establish that plaintiff has given amount of Rs.4,00,000/-
to the defendant as loan. The documents further prove that the amount
of Rs.4,00,000/- is due and payable to the plaintiff from defendant
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4 Sum. Suit No.11/2020
towards the loan amount. The defendant has failed to repay the said
loan amount to the plaintiff. The documents at list Exhibits-8 and 9 goes
to establish that the defendant is liable to pay Rs.4,00,000/- 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.4,00,000/- from the defendant.
7. The plaintiff has claimed 18% per annum on the principal
amount. As per section 34 of the Code of Civil Procedure the rate of
interest may exceed 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 a commercial one and there is contract
existing between the parties as to the rate of interest which shall be
levied. Therefore, rate of interest at the rate of 18% per annum would
be just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.4,00,000/-. 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 the plaintiff is entitled to recover Rs.4,00,000/- from the
defendants with interest on Rs.4,00,000/- at the rate of 18% per annum
from the date of decree of the suit till its realization. Plaintiff is also
entitled to recover cost of the suit from the 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.4,00,000/- (Rs. Four Lakhs
Only) to the plaintiff and defendants shall also pay with
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interest on principal amount of Rs.4,00,000/- at the rate
of 18% per annum from the date of decree of the suit till
its realization.
2. Defendant do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date :12/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :12/03/2021
Typed on : 12/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/03/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
12/03/2021
JUDGMENT/ORDER signed by
P.O.on
12/03/2021
JUDGMENT/ORDER uploaded on 12/03/2021
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