Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No.1012 of 2019
Presented On : 11.10.2019
Registered On : 11.10.2019
Delivered On : 15.01.2020
Duration : 00Y. 03M. 04D.
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.1012 OF 2019
(CNR NO. MH CC010104942019)
Exhibit 08
Mr. Dhanraj Sheshmalji Sanghvi.
Age.:66 years, Occ.: Business,
Address: 17, Dlima Street, Haji Kasam Chawl,
Mazgoan, Mumbai – 400 010 ….Plaintiff
..Versus..
Mr. Chandrakant Jaywant Karade
Age.: 55 years, Occ.: Service,
Address.: Office: BPT Wadala Hospital,
Medical Department, Wadala,
Mumbai – 400 037. ....Defendant.
SUIT FOR RECOVERY OF Rs.45,000/.
Appearance:
Mr.Balbheem Jain, 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 : 15 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.
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2 Sum. Suit No. 1012 of 2019.
2. The facts of the suit are summarized as under :
The plaintiff is carrying on business in Mumbai. The defendant is
engaged in BPT Wadala Hospital. The plaintiff advanced to the defendant
the sum of Rs.45,000/ on 16 th July, 2018 in cash with interest at the rate
of 21% 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.45,000/ with interest thereon, at the rate of
21% per annum on demand. But, the defendant failed to pay to the
plaintiff inspite of demands, reminders and receipt of the legal notice
dated 11th July, 2019. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.45,000/.
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
defendants to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of Rs.45,000/
with interest
@ 21 % per annum.
2 What order and decree? Suit is decreed.
R E A S O N S
5. The plaintiff Dhanraj Sheshmalji Sanghavi has filed his affidavit at
Exhibit3. In order to prove the case of the plaintiff filed following
documentary evidence.
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3 Sum. Suit No. 1012 of 2019.
Exhibit.
No.
Description of
documents
Date
Exhibit8 Original dishonored
Demand Promissory Note
of Rs.45,000/
16/07/2018
Exhibit 9 Demand notice along with
original postal
acknowledgement
11/07/2019
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.45,000/ to the
defendant as loan. The documents further prove that the amount of
Rs.45,000/ is due and payable to the plaintiff from the 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 goes to
establish that the defendant is liable to pay Rs.45,000/ 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.45,000/ from the defendant.
7. The plaintiff has claimed 21% 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 @ 21% per annum would be just and proper to be
awarded on the principle sum adjudged i.e. amount of Rs.45,000/.
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4 Sum. Suit No. 1012 of 2019.
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.45,000/. from the defendant with
interest at the rate of Rs.21% 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.45,000/(Rupees Forty
Five Thousand only) to the plaintiff with interest at the rate
of 21% 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:15.01.2020 (Ms. S. G. Shaikh)
AdHoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 15.01.2020
Signed on : 15.01.2020
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5 Sum. Suit No. 1012 of 2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
20.01.2020 at 03.30 pm. 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 15.01.2020
Order signed by P.O. on 15.01.2020
Order uploaded on 19.01.2020
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