Final Order 1

Order Details: Other
Pdf Text: SJ 29/2019 IN SUMMARY SUIT 1298/18 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMONS FOR JUDGMENT NO.29 OF 2019
IN
SUMMARY SUIT NO. 1298 OF 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010007452019)
Mr.Subhash Yelappa Kutade
of Mumbai an adult Indian
Inhabitant age about 34 years,
Occupation Money Lender,
having his office and residence
address at Room No.14, Navjivan
Seva Society, Shivnery Nagar,
Shingrewadi, Bailbazar,
Kurla West Mumbai ...Plaintiff
Versus
Mr.Jayawant Sakharam Sawant
of Mumbai an adult Indian,
Inhabitant, aged 57 years,
Occupation:Service
having his office address at
Designation Peon: Mantralaya
Madam Cama Road, Mumbai32.
And also having his residence
address at Aamchi Shala 67/3100.
Meghna society, Tilak Nagar,
Mumbai400 098. ….Defendant
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 1ST NOVEMBER 2019
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SJ 29/2019 IN SUMMARY SUIT 1298/18 2
J U D G M E N T
This is a Summons for judgment for recovery of Rs.2,09,000/
(Rupees Two Lakhs and Nine Thousand Only).
2. Plaintiff case in nut shell is that on 21/06/2018 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 16/08/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.2,09,000/( Rupees Two Lakhs and Nine Thousand
Only). Hence, this suit.
3. The defendant appeared. Summons for judgment was served to
him but he failed to file leave to defend and therefore,suit is proceeded
without leave to defend.
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 has executed promissory
note for valuable consideration of
Rs.2,00,000/?
Yes
2. Whether the plaintiff proves that
amount of Rs.2,09,000/(Rs.Two
Lakhs and Nine Thousand Only) is due
and recoverable from defendants?
Yes
3.Whether the plaintiff is entitled for
recovery of Rs.2,09,000/(Rs.Two
Lakhs and Nine Thousand Only) with
interest as claimed?
Yes
4. What order and decree? As per final order
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SJ 29/2019 IN SUMMARY SUIT 1298/18 3
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff filed original demand promissory note and copy
of demand notice.
6. Heard Ld.counsel for plaintiff.
7. The original demand promissory note and copy of demand
notice shows that on 21/06/2018 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 16/08/2018 plaintiff demanded the said
amount but defendant refused to pay. Defendant is in default of
Rs.2,09,000/(Rs.Two Lakhs and Nine Thousand Only). As far as rate of
interest is concerned, plaintiff has prayed for interest @ 18% p.a.as the
relationship between plaintiff and defendant is contractual relations.
The interest @ 18% p.a. can be granted. Therefore, point Nos. 1 to 3 is
answered as 'Yes' and point No.4 is answered as suit is exparte decreed
and following order is passed.
ORDER
1. Summons for Judgment No.29/2019 is allowed.
2. Defendant do pay to the plaintiff amount of Rs.2,09,000/
(Rupees Two Lakhs and Nine Thousand Only) with interest @ 18% p.a.
from the date of filing of this suit till full and final realization.
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SJ 29/2019 IN SUMMARY SUIT 1298/18 4
3. Court fee be refunded as per rules.
4. Summary suit No.1298/2018 is disposed of accordingly.
5. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date:01/11/2019 City Civil Court,Gr. Bombay
Dictated on : 01/11/2019
Transcribed on : 01/11/2019
Signed on : 02/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/11/2019 at 3.20p.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
01/11/2019
Judgment/Order signed by P.O. on 02/11/2019
Judgment/Order uploaded on 06/11/2019
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