Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Sum. Suit 181/2019
Received on : 04.01.2019
Registered on : 24.01.2019
Decided on : 30.09.2019
Duration : Y M D
0 8 6
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 181 of 2019
CNR NO.: MHCC010002102019
Mr. Mohamed Rasool Agha Mohamed (Aslam)
of Mumbai an adult Indian Inhabitant,
aged 52 years, Occ : Carrying on Money
Lending Business, in the name of
Mr. Mohamed Rasool Agha Mohamed (Aslam)
under License No. RBC 1191, and having his
residence and office address at 56 Abdviahbhai
Karimji Building, 6th Floor, Janambhumi Marg,
Fort, Mumbai – 400 001. ...Plaintiff
Versus
Mr. Sumeet K. Gohil
of Virar West, father full name not known,
an adult, Indian Inhabitant, Aged about 40
years, Occupation : Service, residing at
Daisy A 703, 7 th Floor, Yashwant Nagar,
Virar West, Maharashtra and also having
his office address at 11Oval, Wadi, 1 st floor,
Room No. 9, Kalabadevi, Vithal Wadi,
Mumbai – 400 002. ….Defendant
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Appearances:
Advocate Mr. Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 30th SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs. 2,21,000/(Rupees Two Lacs
Twenty One Thousand only).
2. Plaintiff case in nut shell is that on 18/05/2018 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.2,00,000/ the defendant also promised to pay
interest @ 18% per annum on the said amount. On 13/11/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs. 2,21,000/(Rupees Two Lacs Twenty One
Thousand 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.2,21,000/(Rupees
Two Lacs Twenty One Thousand
Yes
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only) is due and recoverable from
defendants?
3. Whether plaintiff is entitled for
recovery of Rs.2,21,000/(Rupees
Two Lacs Twenty One Thousand
only) with interest as claimed?
Yes
4. What order and decree? As per final order
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 Exhibit 7 and filed
original promissory note and notice of demand.
6. Heard Learned counsel for plaintiff.
7. The affidavit is supported by documents. The original promissory
note and advocates demand notice shows that on 18/05/2018
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.2,00,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 13/11/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.2,21,000/(Rupees Two Lacs Twenty One Thousand
only). As far as rate of interest is concerned plaintiff has prayed for rate
of 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 answer 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.2,21,000/
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(Rupees Two Lacs Twenty One Thousand 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: 30/09/2019 City Civil Court,Gr. Bombay
Dictated on : 30/09/2019
Transcribed on : 11/10/2019
Signed on : 11/10/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
19/10/2019 11.13 a.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Shri. M.S.Lone
(C.R.NO.28)
Date of Pronouncement of
Judgment/Order.
30/09/2019
Judgment/order signed by P.O on 11/10/2019
Judgment/order uploaded on 19/10/2019
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