Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010104302019
Presented On :- 15.10.2019
Registered On :- 06.01.2020
Delivered On :- 01.03.2021
Duration :- Y-01/M-04/D-18
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 73 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. Premnath Raghunath Salve
of Washind East Mumbai, an adult,
Indian Inhabitant, Aged about 50 years,
Occupation: Service, Having his office
Address at Municipal Corporation of Greater
Mumbai, Employee No.4043352, Ps. No.6026,
L-Ward, B. M. C. Office, Staff Saff Safai
Katte, 2nd floor, S. G. Barve Marg, Kurla (W),
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Mumbai-400 070. And also having his
Residence address at Shree Saidhan Palace,
B-Wing, Plot No.103, First Floor, Shashtri
Colony, Opp: Moredev Nagar, Washind East
Taluka Shahpur Maharashtra. ....Defendant
SUIT FOR RECOVERY OF Rs.5,00,000/-
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 : 01/03/2021
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 carrying on business at Kurla, Mumbai. The
plaintiff and defendant are friends. They know each other. Therefore,
the defendant approached the plaintiff for friendly help of
Rs.4,00,000/- on 20.10.2017. Therefore, the plaintiff had given
Rs.5,00,000/- friendly help to defendant on 15.08.2017 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.5,00,000/- dated 15.08.2017 against the loan of Rs.5,00,000/-
received by the defendant from the plaintiff on the above said date by
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3 Sum. Suit No.73/2020
the said promissory note. The defendant had promised to pay to the
plaintiff the said sum of Rs.5,00,000/- without interest. The defendant
failed to pay to the plaintiff in-spite of demands, reminders and receipt
of the notice of demand 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.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 @ rate of 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 filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
7 Demand promissory note of
Rs.5,00,000/-
15/08/2017
8 Notice of demand 07/05/2018
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4 Sum. Suit No.73/2020
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits -8
and 9 go to establish that plaintiff has given amount of Rs.5,00,000/- to
the defendant as 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 Exhibits-8 and 9 go
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. Hence, point No.1 is
answered in the affirmative.
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 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, rate of interest @ 18% per annum would be
just and proper to be awarded on the principal sum adjudged i.e.
amount of Rs.5,00,000/-. 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
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5 Sum. Suit No.73/2020
and he is also entitled to recover interest on principal amount of
Rs.5,00,000/- 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 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/- (Rs. Five Lakhs
Only) to the plaintiff and he shall also pay interest to the
plaintiff on principal amount of Rs.5,00,000/- 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 : 01/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :01/03/2021
Typed on :01/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/03/2021 11.00 a.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
01/03/2021
JUDGMENT/ORDER signed by
P.O.on
01/03/2021
JUDGMENT/ORDER uploaded on 02/03/2021
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