Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.263/2019 1
Received on : 09012019
Registered on : 08022019
Decided on : 07102019
Duration : 00Y 07M 29D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 263 of 2019
(CNR NO.: MHCC0100003922019)
Shankar Malku Annareddy age 39 years
Of Mumbai an adult Indian Inhabitant
having his address at Room No.11, Gauri
Shankar Nagar, Masrani Lane, Halav Pool Road,
Kurla West Mumbai – 400 070. ...Plaintiff
Versus
Nisha Sanjivan Gotpagar
Age not known of Mumbai, an adult
Indian inhabitant, working for gain with
B.M. C, AO (SWM) Assistant Head Supervisor
Education Dept., 3rd Floor, Deonar Colony,
Govandi, Mumbai – 400 043. EMP NO. 04184186
And Residing Near Khandoba Mandir,
Karmaveer Dadasaheb Gaikwad Nagar, Chawl
No.25, Chembur Tilak Nagar Mumbai – 400 089 ….Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.263/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 07th October 2019
J U D G M E N T
This is a suit for recovery of Rs.2,10,258/ (Rupees Two Lacs
Ten Thousand Two Hundred and Fifty Eight Only).
2. The plaintiff’s case in nutshell is that on 27.08.2018 the
defendant executed a Demand Promissory Note in favour of plaintiff of
Rs. 2,00,000/ and total for valuable consideration of Rs.2,00,000/.
The plaintiff had also promised to pay the interest at the rate of 18 %
p.a. on the said amount. Inspite of demand plaintiff had not paid the
amount. Defendant is in default of Rs.2,10,258/ (Rupees Two Lacs Ten
Thousand Two Hundred and Fifty Eight Only), hence this suit.
3. The defendant was served with summon 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 the plaintiff proves that
defendant executed a demand
promissory note for valuable
consideration?
Yes
2. Whether the plaintiff proves that
amount of Rs.2,10,258/ (Rupees Two
Lacs Ten Thousand Two Hundred and
Yes
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SUMMARY SUIT NO.263/2019 3
Fifty Eight Only) is due and recoverable
from the defendant?
3. Whether the plaintiff is entitled to
recover the amount of Rs.2,10,258/
(Rupees Two Lacs Ten Thousand Two
Hundred and Fifty Eight 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 Exh.7 and filed original
promissory note and demand notice.
6. The affidavit is supported by the documentary evidence. The
original promissory note and demand notice shows that on 27.08.2018
the defendant executed a Demand Promissory Note in favour of plaintiff
of Rs. 2,00,000/ and total for valuable consideration of Rs.2,00,000/.
The plaintiff had also promised to pay the interest at the rate of 18 %
p.a. on the said amount. Inspite of demand plaintiff had not paid the
amount. Defendant is in default of Rs.2,10,258/ (Rupees Two Lacs Ten
Thousand Two Hundred and Fifty Eight Only). As far as rate of interest
is concerned, the plaintiff has prayed for interest at the rate of 18% p.a.
The said rate of interest in mentioned in the promissory note. The
relationship between the plaintiff and defendant is contractual in nature
and so such rate of interest can be granted. Therefore, point No.1 to 3 is
answered as 'Yes', point No. 4 is answered as per final order and
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SUMMARY SUIT NO.263/2019 4
following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs.2,10,258/
(Rupees Two Lacs Ten Thousand Two Hundred and Fifty Eight
Only) with interest at the rate of 18% p.a. from the date of filing
of this suit till full and final realization of the amount.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 07/10/2019 City Civil Court,Gr. Bombay
Dictated on : 07/10/2019
Transcribed on : 09/10/2019
Signed on : 10/10/2019
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SUMMARY SUIT NO.263/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
14/10/2019 at 5.30 p.m. Mr. A. S. Sugdare
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
07/08/2019
Judgment/Order signed by P.O. on 10/10/2019
Judgment/Order uploaded on 14/10/2019
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