Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010125322019
Filed on :02.12.2019
Registered On :04.01.2020
Decided on :05/08/2021
Duration :Y-01/M-08/D-05
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 48 OF 2020
Exhibit-4
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.
Ganesh Keshav Patil, adult, working for gain with
Rastriya Chemical & Fertilizers Ltd., Dept; Civil
Factory, Emp. ID 103321, Desn; Sr. Plaint Attendant,
Mahul Road, Chembur, Mumbai 400 074 and
residing at G/3, Room No.18, Prakash Patil House,
Vashigaon, R.C Marg, Chembur, Mumbai-4000 74 ....Defendant
SUIT FOR RECOVERY OF Rs.2,95,000/-
Appearance:-
Adv. Rajesh Patil for the Plaintiff.
Exparte against Defendants.
-- 1 of 6 --
2 Sum. Suit No.48/2020
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
GR. MUMBAI
(C.R. NO.61).
DATE : 05/08/2021
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.
2,50,000/- on 11.04.2018 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.2,50,000/- but
defendant failed and neglected to pay the same. Hence, the plaintiff by
Advocate’s notice dated 24.08.2019 called upon the defendant to pay
the said sum of Rs.2,50,000/- with interest but defendant failed and
neglected 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 :-
-- 2 of 6 --
3 Sum. Suit No.48/2020
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 % 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 at Exh.3.
Sr.
No.
Description of documents Date
1 Demand Promissory Note 11.04.2018
2 Notice of Demand 24.08.2019
3 Photo copy of Money Lending Licence 13.07.2018
4 Photo copy of Form No.10 11.04.2018
5 Photo copy of Cash Entry 11.04.2018
6 Photo copy of Ledger Entry 11.04.2018
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Sr. No.1 to 6
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. The
defendant has failed to repay the said amount to the plaintiff. The
documents at Sr. No.-1 to 6 goes to 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 amount and therefore, the defendant has failed to repay
-- 3 of 6 --
4 Sum. Suit No.48/2020
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 at the rate of 18% per annum on the principal amount of
Rs.2,50,000/- 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 with interest
at the rate of 18% per annum on the principal amount of
Rs.2,50,000/- from the date of filing of the suit till its
realization.
2. Defendant do pay costs of the suit to the plaintiff.
-- 4 of 6 --
5 Sum. Suit No.48/2020
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date : 05.08.2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :05.08.2021
Typed on :05.08.2021
Signed on :
-- 5 of 6 --
6 Sum. Suit No.48/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05.08.2021 05.00 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.61)
Date of Pronouncement of
JUDGMENT/ORDER
05.08.2021
JUDGMENT/ORDER signed by
P.O.on
05.08.2021
JUDGMENT/ORDER uploaded on 05.08.2021
-- 6 of 6 --