Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010126682019
Presented On :- 04.12.2019
Registered On :- 10.06.2020
Delivered On :- 11.03.2021
Duration :- Y-01/M-03/D-09
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
SUMMARY SUIT NO. 94 OF 2020
Exhibit-15
Mr. Lalji Mepa Chauhan
of Mumbai an adult Indian Inhabitant
aged about 63 years, Occupation
money lender, having his office and
residence address at Room No.A/4, Motiwala
Chawl, Jubelli Baugh, Falkland Road,
Mumbai-7 ….Plaintiff
Versus
Mr. Suresh Bandu Jadhav
of Mumbai an adult, Indian
Inhabitant, aged 45 years,
Occupation Service, having his
office address at Brihanmumbai
Municipal Corporation for greater
Mumbai, B.M.C.office, D-ward,
Employee code No. Ps.No.
S.W.M. Department, conservancy labor
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Jobanputra compound, Nana Chowk,
Grant Road, East Mumbai-400 007
And also having his residence address
at Deep-pooja building, Chaitanya School
Nagar, Badlapur East District Thane- ....Defendant
SUIT FOR RECOVERY OF Rs.1,27,000/-
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.59).
DATE : 11/03/2021
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 is a money lender. The defendant is working
BMC. The defendant executed in favour of plaintiff a promissory note of
Rs.1,00,000/- dated 02.06.2018 against the loan of Rs.1,00,000/-
received by the defendant from the plaintiff on the above said date by
the said promissory note. The defendant had promised to pay to the
plaintiff the said sum of Rs.1,00,000/- with interest at the rate of 18%
per annum on demand. The defendant failed to pay to the plaintiff in-
spite of demands, reminders and receipt of the notice of demand dated
15/07/2018. Hence, plaintiff is constrained to file the suit for recovery
of the said amount. The total suit claim of the plaintiff for
Rs.1,27,000/-.
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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.1,27,000/- @ rate
of 18% p.a. on the
principal amount of
Rs.1,00,000/-
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
8 Demand promissory note 02/06/2018
9 Form No.10 02/06/2018
10 Demand notice 15/07/2019
11 Money Lending license 26/07/2019
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits -8
to 11 goes to establish that plaintiff has given amount of Rs.1,00,000/-
to the defendant as loan. The documents further proves that the amount
of Rs.1,27,000/- is due and payable to the plaintiff from defendant
towards the loan amount. The defendant has failed to repay the said
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loan amount to the plaintiff. The documents at list Exhibits-8 to 11 goes
to establish that the defendant is liable to pay Rs.1,27,000/- 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.1,27,000/- 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.1,27,000/-. 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.1,27000/- from the defendant
with interest on principal amount of Rs.1,00,000/- 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.1,27,000/- (Rs. One Lakh
Twenty Seven Thousand Only) to the plaintiff with
interest on principal amount of Rs.1,00,000/- at the rate
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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 : 11/03/2021 (Smt. S. G. Shaikh)
Judge, City & Civil Court,
Gr. Bombay
Dictated on :11/03/2021
Typed on :11/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12.03.2021 12.10 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
11/03/2021
JUDGMENT/ORDER signed by
P.O.on
11/03/2021
JUDGMENT/ORDER uploaded on 12/03/2021
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