Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum. Suit No. 1037 of 2019.
Filed on : 16.10.2019
Registered on : 22.10.2019
Decided on : 17.03.2020
Duration : Year-00 Month-05 Days-03
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO.1037 OF 2019
(CNR NO.MHCC01-010575-2019)
Exhibit-14
Ambalal Rikhabchandji Jain
Age: 46 years
Indian Inhabitant,
Carrying on business of Money
Lending as a Sole proprietor in the name
And style of Ritik Creation at and from
Address – Room No.20,
Ground Floor, Gulam Mohmad
Building, Navroji Hill Road No.7,
Dongri, Mumbai- 400 019 ….Plaintiff
..Versus..
1. Surendra Ramchandra Sharma
Age: Adult
Indian Inhabitant working for gain
Western Railway, General Department,
4th Floor, Station Building,
Head Quarters, Churchgate,
Mumbai- 400 020
And
Address – 149/G, Western Railway
colony, S.V. Road, Bandra (W),
Mumbai - 400070.
2. Mishrilal Vishwanath Kanojia
Age: Adult
Indian inhabitant working for gain
Western Railway, General Department,
4th Floor, Station Building, Head Quarters,
Churchgate, Mumbai- 400 020
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2 Sum. Suit No. 1037 of 2019
And
Address: At Plot No.03, Room
No. 03, Avadh Narayan Singh
Chawl, G.D. Ambetkar Marg,
Ambewadi, Kalachowki,
Mumbai- 400 033. ....defendants
SUIT FOR RECOVERY OF Rs.2,48,920.54ps.
Appearance:-
Mr.Ramesh Jain, Advocate for the Plaintiff.
Exparte against defendants.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 17th March, 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 carrying on business of money lending in Mumbai.
The defendants are working in Mumbai. On 02.04.2018 defendants
executed a Bill of Exchange in favor of the plaintiff for valuable
consideration of Rs.2,00,000/- The defendants had promised to pay to
the plaintiff the said sum of Rs.2,00,000/- with interest thereon, at the
rate of 18 percent per annum on demand. But, the defendants failed to
pay to the plaintiff inspite of demands, reminders . Hence, plaintiff is
constrained to file the suit for recovery of the said amount. The total
suit claim of the plaintiff for Rs.2,48,920.54ps.
3. The suit summons were duly served on the defendants but they
failed to appear. Hence, suit is posted for judgment as per order XXXVII
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3 Sum. Suit No. 1037 of 2019
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.2,48,920.54ps. with
interest
@ 18 percent per
annum on principle
amount of
Rs.2,00,000/-
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 Bill of Exchange 02.04.2018
8 Plaintiff’s advocate letter being Exhibit
“B” to the Plaint alongwith the postal
records in connection with the
transmission and delivery thereof.
30.07.2019
9 Money Lender License 31.07.2018
10 Forms under Bombay Money Lending Act 02.04.2018
11 Books of Accounts 01.04.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to 11
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4 Sum. Suit No. 1037 of 2019
goes to establish that plaintiff has given amount of Rs.2,00,000/- to the
defendants as loan. The documents further prove that the amount of
Rs.2,00,000/- is due and payable to the plaintiff from defendants
towards the loan amount. The defendants have failed to repay the said
loan amount to the plaintiff. The documents at list Exhibits-7 to 11 goes
to establish that the defendants are liable to pay Rs.2,48,920.54ps. to
the plaintiff on the date of filing of the suit towards the said loan
amount and therefore, the defendants have failed to repay his loan
amount to the plaintiff. In this background, it is held that plaintiff is
entitled to recover sum of Rs.2,48,920.54ps. from the 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 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 month would be just and
proper to be awarded on the principle sum adjudged i.e. amount of
Rs.2,00,000/-. 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.2,48,920.54ps. from the
defendants with interest at the rate of Rs.18% per month 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. The defendants pay Rs.2,48,920.54/- (Rs. Two Lakhs
Forty Eight Thousand Nine Hundred Twenty and Fifty
Four paise Only) to the plaintiff and with interest on
principle amount of Rs.2,00,000/- at the rate of 18% per
annum from the date of filing of the suit till its
realization.
2. The defendants 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 :17.03.2020 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Typed on : 17.03.2020.
Signed on : 17.03.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
17.03.2020 5.45 p.m. Miss. N.T.Kokare
Name of the Judge H.H.J. Sabiha.G.Shaikh.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 17.03.2020
Order signed by P.O. on 17.03.2020
Order uploaded on 17.03.2020
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