Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.442/2019 1
Received on : 04012019
Registered on : 19032019
Decided on : 16072019
Duration : 00Y 06M 14D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 442 OF 2019
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
(CNR NO.: MHCC010001592019)
Manohar Khandu Karbal, age 45 years,
Indian Inhabitant, carrying on business
at Patra Chawl,Near Gujrathi School,
Subhash Nagar, New Mill Road, Kurla(W),
Mumbai400 070. ...Plaintiff
Versus
Shrikant Shivaji Kamble,age not known
adult,working for gain with Mahanagar
Telephone Nigam Ltd.Emp.No.MO59800,
PF No.51669, Charai Telephone Exchange,
Opp.Ganesh Talkies, Mauli Mandal Road,
Thane(W),400 601 and residing at Sandip
Mhatre Niwas, Room No.2, Devicha Pada
Dombivali(W), Thane 421 201. ….Defendants
Appearances:
Advocate Mr.Rajesh M Patil for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 16TH JULY 2019
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SUMMARY SUIT NO.442/2019 2
J U D G M E N T
This is a suit for recovery of Rs. 2,59,671/(Rupees Two
Lacs Fifty Nine Thousand Six Hundred and Seventy One only).
2. Plaintiff case in nut shell is that on 25/03/2017 plaintiff
gave hand loan of Rs.2 lacs to defendant. On same date defendant
issued demand promissory note in favour of plaintiff. Thereafter,
plaintiff demanded the said amount with defendant but defendant
refused to pay the said amount. Defendant is in default of
Rs. 2,59,671/(Rupees Two Lacs Fifty Nine Thousand Six Hundred and
Seventy One only). Hence, this suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that defendant
executed promissory note for valuable
consideration?
Yes
2. Whether plaintiff proves that amount of
Rs. 2,59,671/(Rupees Two Lacs Fifty Nine
Thousand Six Hundred and Seventy One
only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for recovery
of Rs. 2,59,671/(Rupees Two Lacs Fifty
Nine Thousand Six Hundred and Seventy
One only) with interest as claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.442/2019 3
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined himself vide Exh.7 and filed original
promissory note and notice of demand.
6. Heard Ld.counsel for plaintiff.
7. The affidavit is supported by documents. The original promissory
note and advocates demand notice shows that on 25/03/2017 plaintiff
gave hand loan of Rs.2 lacs to defendant. On same date defendant
issued demand promissory note in favour of plaintiff. Thereafter,
plaintiff demanded the said amount with defendant but defendant
refused to pay the said amount. Defendant is in default of Rs.
2,59,671/(Rupees Two Lacs Fifty Nine Thousand Six Hundred and
Seventy One only).As far as rate of interest is concerned plaintiff has
prayed for rate @ 18% p.a. As per section 80 of the N.I.Act 1882 such
rate of interest can be granted. Therefore, point No.1 to 3 is answered
as 'Yes' and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs. 2,59,671/
(Rupees Two Lacs Fifty Nine Thousand Six Hundred and Seventy One
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SUMMARY SUIT NO.442/2019 4
only) with interest @ 18% p.a. from the date of filing of the suit
till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date:16/07/2019 City Civil Court,Gr. Bombay
Dictated on : 16/07/2019
Transcribed on : 18/07/2019
Signed on : 22/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/07/2019 at 3.10p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
16/07/2019
Judgment/Order signed by P.O. on 22/07/2019
Judgment/Order uploaded on 22/07/2019
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