Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Received on : 18.10.2019
Registered on : 18.10.2019
Decided on : 07.01.2020
Duration : 0Y.02M.18D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
BOMBAY
SUMMARY SUIT NO.1024 OF 2019
(CNR NO. MH CC010103822019)
Exhibit12
Ambalal Rikhabchandji Jain.
Age.: 46 years, Occ.: Money Lender,
Address: Room No.20, Ground Floor,
Gulam Mohmad Building, Navroji Hill Road No.7,
Dongri, Mumbai – 400 009. ….Plaintiff.
..Versus..
1. Joseph Anthony Mascarenhas.
Age.: Not known, Occ.: Service,
Address: 206/2793 C.G.S. Colony,
Kane Nagar, Sector3, Antop Hill,
Mumbai – 400 037.
2. Riyaz Zafr Shaikh.
Age.: Not known, Occ.: Service,
Address: T/2/15 C.G.S. Quarters, Ground Floor,
Room No. 74, Sector3, Kane Nagar Raoji,
Ganatra Road, Antop Hill,
Mumbai – 400 037. ...Defendant.
SUIT FOR RECOVERY OF Rs.80,000/
Appearance:
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against Defendant.
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CORAM :HER HONOUR JUDGE
SABIHA. G. SHAIKH
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.59).
DATE : 07 th January, 2020
: 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 as a sole proprietor in the name and style of Ritik Creation at
Room No.20, Ground Floor, Gulam Mohmad Building, Navroji Hill Road
No.7, Dongari, Mumbai – 400 009. Defendant no. 1 and 2 are engaged
in the Naval Dockyard PCDA (Navy) Wages Section Lion Gate.
Defendant no.1 & 2 executed in favour of the plaintiff a Bill of Exchange
of Rs.80,000/ dated 06 th September,2017 against the loan of
Rs.80,000/ received by defendants from the plaintiff on the the above
said date by the said bill of exchange. Defendant no.1 & 2 have
promised to pay to the plaintiff the said sum of Rs.80,000/ with
interest thereon, at the rate of 18% per annum on demand. But, the
defendants failed to pay to the plaintiff inspite of demands, reminders
and receipt of the legal notice dated 08th May, 2019. Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.80,000/.
3. The suit summons were duly served on the defendants, but they
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have 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
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of Rs.80,000/
with interest
@ 10 % 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
Exhibit7 Original Bill of Exchange
of Rs.80,000/
06/09/2017
Exhibit 8 Demand notice. 08/05/2019
Exhibit 9 Money Lending License of
the plaintiff pertaining to
loan period
23/11/2017
Exhibit10 Form No.10 06/09/2017
Exhibit 11
(collectively)
Books of accounts
pertaining to loan
transaction between the
plaintiff and defendants.
06/09/2017
AS TO POINT NO.1 :
6. All the documents produced by the plaintiff at Exhibit7, 8, 9, 10 and
11 (collectively) goes to establish that plaintiff has given amount of
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Rs.80,000/ to defendants as loan. The documents further prove that
the amount of Rs.80,000/ is due and payable to the plaintiff from
defendants towards the loan amount. Defendants have failed to repay
the said loan amount to the plaintiff. The documents at list Exhibits 8
to 11(collectively) goes to establish that defendants are liable to pay
Rs.80,000/ to the plaintiff on the date of filing of the suit towards the
said loan amount and therefore defendants have failed to repay their
loan amount to the plaintiff. In this background, it is held that plaintiff
is entitled to recover sum of Rs.80,000/ from defendants.
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 no 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 @ 10% per annum would be just and proper to be awarded on
the principle sum adjudged i.e. amount of Rs.80,000/. 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.80,000/ from defendants with interest
at the rate of Rs.10% 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:
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: O R D E R :
1. Defendant no.1 and 2 shall jointly and severally pay
Rs.80,000/(Rupees Eighty Thousand 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. Defendants 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:07.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 07.01.2020
Signed on : 07.012020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
13.01.2020 at 11.20 am. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SMT S.G.SHAIKH
(Court Room No.59)
Date of pronouncement of Order 07.01.2020
Order signed by P.O. on 07.01.2020
Order uploaded on 13.01.2020
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