Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010123532019
Presented on : 28-11-2019
Registered on : 04-01-2020
Decided on : 06/01/2021
Duration : Y-01/M-01/D- 09
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 43 OF 2020
Exhibit-15
Manohar Khandu Kalbhor
Age: 45 years, Indian Inhabitant
carrying on business at Patra Chawl
Near Gujrathi School, Subhash Nagar,
New Mill Road, Kurla West, Mumbai - 400 070. ….. Plaintiff
VERSUS
Nita Akshaykumar Kamble, adult working for gain
with B.M.C. Office,M/E Ward, E.C.No-4185149,
P. C. No. 6168, Dept. WO Slum M. T. Kadam Marg,
Devnar, Mumbai- 400 043
and residing at 4/442, Sachinam Bldg, Sant
Kakaya Marg, Opp Ambedkar School,
Dharavi X Road, Dharavi, Mumbai 400 017. ….Defendant
SUIT FOR RECOVERY OF Rs.2,95,000/-
Appearance:-
Mr. Rajesh M. Patil, Advocate for the Plaintiff.
Exparte against Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
(C.R. NO.59).
DATE : 06/01/2021
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2 Sum. Suit No.43/2020
: 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 has advanced amount of Rs. 2,50,000/- to
the Defendant on 02.07.2018 the defendant has executed a promissory
note in favor of the plaintiff for valuable consideration of Rs.2,50,000/-.
The defendant had promised to pay to the plaintiff the said sum of
Rs.2,50,000/- with interest thereon, at the rate of 18 percent per annum
on demand. But, the defendant 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.2,95,000/-.
3. The suit summons were duly served on the defendant but
they 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.2,95,000/- with
interest
@ 18 percent per
annum on principal
amount of
Rs.2,50,000/-
2 What order and decree? Suit is decreed.
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3 Sum. Suit No.43/2020
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
8 Demand promissory note of
Rs.2,50,000/-
02.07.2018
9 Notice of demand 24.08.2019
10 Copy of Money Lending License 13.07.2018
11 Photo copy of Form No.10 02.07.2018
12 Photo copy of Cash Entry 28.06.2018
13 Photo copy of Ledger Entry 02.07.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits 8 to
13 go to establish that plaintiff has given amount of Rs.2,50,000/- to
the defendant as loan. The documents further prove that the amount of
Rs.2,50,000/- is due and payable to the plaintiff from defendant
towards the loan amount. The defendant have failed to repay the said
loan amount to the plaintiff. The documents at list Exhibits 8 to 13 go to
establish that the defendant are liable to pay Rs.2,95,000/- to the
plaintiff on the date of filing of the suit towards the said loan amount
and therefore, the defendant 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.2,95,000/- from the defendant.
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
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4 Sum. Suit No.43/2020
the present case, the transaction is commercial one and there is
contract existing between the parties as to the rate of interest which
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 principle sum adjudged i.e. amount of Rs.2,50,000/-. 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.2,95,000/- from the defendant
with interest on principal amount of Rs.2,50,000/- at the rate of Rs.18%
per annum from the date of filing of the suit till its realization. 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.2,95,000/- (Rs. Two Lakhs
Ninety Five Thousand Only) to the plaintiff and interest
on principal amount of Rs.2,50,000/- 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 : 06.01.2021 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Dictated on :06.01.2021
Typed on :06.01.2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08.01.2021 03.25 p.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
06.01.2021
JUDGMENT/ORDER signed by
P.O.on
06.01.2021
JUDGMENT/ORDER uploaded on 08.01.2021
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