Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010110732019
Filed on :02/11/2019
Registered On :16/11/2020
Decided on :20/08/2021
Duration :Y-01/M-09/D-19
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 1098 OF 2019
Exhibit-7
Mr. Balu Gangaram Aarote, aged 30 years
Indian Inhabitant residing and carrying business
at Margu Sheth Chawl, Bouddha Colony,
Pipe line Road, Kurla (West), Mumbai-400 070 ….Plaintiff
Versus
Shri. Pradeep P. Suryawanshi, an adult, working
for gain At BARC Anushakti Nagar (W),
Dep-C.D.M.,Trombay, Mumbai-400 085
and residing at 383/1, Buretto House,
Hall Village, Kurla West, Mumbai-400 070 ....Defendant
SUIT FOR RECOVERY OF Rs.1,83, 750/-
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.61).
DATE : 20/08/2021
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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 advanced to the defendant the sum of
Rs.1,50,000/- on 10.06.2018 in cash with interest at the rate of 18%
p.a. for which the defendant had executed Demand Promissory Note in
favour of the plaintiff. The plaintiff on several occasion orally demanded
from defendant the repayment of the said amount of Rs.1,50,000/- but
the defendant failed and neglected to pay the same, hence the plaintiff
by Advocate’s notice dated 08.08.2019 finally called upon the defendant
to pay the said sum of Rs.1,50,000/- with up to date interest but
defendant failed and neglected either to pay the said sum or to repay
the said demand. Hence, plaintiff is constrained to file the suit for
recovery of the said amount. The total suit claim of the plaintiff for
Rs.1,83,750/-.
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.1,83,750/- with
interest at the rate of
18% per annum on
principal amount of
Rs.1,50,000/-.
2 What order and decree? Suit is decreed.
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R E A S O N S
5. In order to prove the case of the plaintiff produced
following documentary evidence at Exh.6.
Sr.
No. Description of documents Date
1. Demand promissory note 10/06/2018
2. Form No.10 10/06/2018
3. Notice 08/08/2019
4. Money Lending License 13/07/2018
5. Cash book and ledger book 10/06/2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No.1 to 5
goes to establish that plaintiff has given amount of Rs.1,50,000/- to the
defendant as loan. The documents further prove that the amount of
Rs.1,83,750/- 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 Sr.No.1 to 5 goes to
establish that the defendant is liable to pay Rs.1,83,750/- 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.1,83,750/- 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 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
contract existing between the parties as to the rate of interest which
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shall be levied. Therefore, the transaction is a commercial one and rate
of interest @ 18% per annum would be just and proper to be awarded
on the principal sum adjudged i.e. amount of Rs.1,83,750/. 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.1,83,750/ from the defendant at
the rate of 18% p.a. on the principal amount of Rs.1,50,000/-. Plaintiff
is also entitled to recover cost of the suit from defendant. 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.1,83,750/-(Rs. One Lakh
Eighty Three Thousand Seven Hundred Fifty Only) to the
plaintiff with interest on principal amount of
Rs.1,50,000/- at the rate of 18% 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. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date :20/08/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :20/08/2021
Typed on :20/08/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/08/2021 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.61)
Date of Pronouncement of
JUDGMENT/ORDER
20/08/2021
JUDGMENT/ORDER signed by
P.O.on
21/08/2021
JUDGMENT/ORDER uploaded on 21/08/2021
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