Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO. 194/2019 1
Received on : 10012019
Registered on : 28012019
Decided on : 09092019
Duration : 00Y 08M 01D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 194 OF 2019
(CNR NO.: MHCC010004322019)
Shivaji Mahadeo Ambekar Age 62years
of Mumbai an adult Indian Inhabitant
having his address at 1102/B, City Trust Co.op.
Housing Society, 1st Cross Lane, N.M.Joshi Marg,
Opp.Byculla Railway Station(West),Mumbai 400011. ...Plaintiff
Versus
Harishchandra Jagatram Verma
Age not known of Mumbai, an adult Indian
inhabitant, working for gain with K.C.College
D.W.Road, Churchgate Mumbai400 020.
And Residing Ganga Vavsing Society Shangharsh
Nagar Chandivali Andheri East Mumbai400 072. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 9th SEPTEMBER 2019
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SUMMARY SUIT NO. 194/2019 2
J U D G M E N T
This is a suit for recovery of Rs.3,29,294/(Rupees Three Lacs
Twenty Nine Thousand Two Hundred and Ninety Four only).
2. Plaintiff case in nut shell is that on 10/06/2018 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.3,00,000/, the defendant also promised to pay
interest @ 18% per annum on the said amount. On 13/10/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.3,29,294/(Rupees Three Lacs Twenty
Nine Thousand Two Hundred and Ninety Four 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.3,29,294/(Rupees
Three Lacs Twenty Nine Thousand
Two Hundred and Ninety Four only)
is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.3,29,294/(Rupees
Three Lacs Twenty Nine Thousand
Two Hundred and Ninety Four only)
with interest as claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO. 194/2019 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 10/06/2018
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.3,00,000/, the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 31/10/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.3,29,294/(Rupees Three Lacs Twenty Nine Thousand
Two Hundred and Ninety Four 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 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.3,29,294/
(Rupees Three Lacs Twenty Nine Thousand Two Hundred and Ninety
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SUMMARY SUIT NO. 194/2019 4
Four 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:09/09/2019 City Civil Court,Gr. Bombay
Dictated on : 9/09/2019
Transcribed on : 11/09/2019
Signed on :11/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/09/2019 at 12.30p.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
09/09/2019
Judgment/Order signed by P.O. on 11/09/2019
Judgment/Order uploaded on 16/09/2019
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