Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010123542019
Presented On :- 28/11/2019
Registered On :- 04/01/2020
Delivered On :- 04/03/2021
Duration :- Y-01/M-03/D-08
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 42 OF 2020
Exhibit-13
Manohar Khandu Kalbhor, age 45 years, Indian
Inhabitant, carrying on business at Patra Chawl
Near Gujarathi School, Subhash Nagar, New
Mill Road, Kurla (W), Mumbai-400 070 ….Plaintiff
Vs
Sunanda Umesh Chandne, adult, working for gain
with B.M.C. Office, M/W Ward, Emp. CD-
04108988, Position-30045663, Dept. S.W.M;
1st Road, Chembur, Mumbai 400 071
and D-4/51, Labor Camp, P. L. Lokhande Marg,
Near Chembur Rly. Station, Tolak Nagar,
Mumbai 400089 ....Defendants
SUIT FOR RECOVERY OF Rs.2,95,000/-
Appearance:-
Adv.Mr. Rajesh M. Patil for the Plaintiff.
Exparte against Defendants.
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2 Sum. Suit No.42/2020
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR.MUMBAI
(C.R. NO.59).
DATE : 05/03/2020
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 10/06/2018 with interest @ 18% p.a. for which the
the defendant had executed a promissory note in favour of the plaintiff.
The plaintiff on several occasion orally demanded from defendant the
repayment of the said amount of Rs.2,50,000/- but the defendant failed
and neglected to pay the same. Hence, the plaintiff by advocate’s notice
dated 24/08/2019, finally called upon the defendant to pay the said
sum of Rs.2,50,000/- with up to date interest but defendant failed and
neglected either to pay the said sum or to reply 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.2,95,000/-.
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 :-
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3 Sum. Suit No.42/2020
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.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.
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.2,50,000/-
10/06/2018
8 Notice of demand 24/08/2019
9 Xerox copy of Money Lending License 13/07/2018
10 Xerox copy of Form No.10 10/06/2018
11 Xerox copy of Cash Entry 10/06/2018
12 Xerox copy of Ledger Entry 09/06/2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-7 to
12 goes to establish that plaintiff has given amount of Rs.2,50,000/- to
the defendant. The documents further prove that the amount of
Rs.2,95,000/- is due and payable to the plaintiff from defendant
towards the amount. The defendant have failed to repay the said
amount to the plaintiff. The documents at list Exhibits-7 to 12 goes to
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4 Sum. Suit No.42/2020
establish that the defendant is liable to pay Rs.2,95,000/- to the plaintiff
on the date of filing of the suit towards the said amount and therefore,
the defendant have failed to repay the said 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 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
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.2,95,000/-. 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 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.
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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 :05/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :05/03/2021
Typed on :05/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.03.2021 05.20 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
05/03/2021
JUDGMENT/ORDER signed by
P.O.on
05/03/2021
JUDGMENT/ORDER uploaded on 05/03/2021
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