Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum. Suit 284 of 2019
Received on : 23.01.2019
Registered on : 13.02.2019
Decided on : 27.09.2019
Duration : Y M D
0 7 14
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 284 of 2019
CNR NO.: MHCC010009542019
Mr. Mangesh Nagurao Gadge
of Mumbai an adult Indian Inhabitant,
aged 29 years, Occupation carrying
on Money Lending Business, in the name
of Mr. Mangesh Nagurao Gadge
underlicense No. RBE990 and having
his residence and office address at
Kohinoor City, Coop. Housing
Society Ltd., Building No. 6,
3rd Floor, Flat No. 634,
Kurla (W), Mumbai – 70 ...Plaintiff
Versus
Mrs. Hira Rana Boricha
of Virar East an adult, Indian
Inhabitant, Aged about 57 years,
Occupation Service residing at
Flat No. 203, Preeti Apartment,
Sainath Nagar, Near to Vaishnavi
Temple, Chandansar Road, Virar
East, Thane Maharashtra – 401305.
And also having her office address at
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2 Sum. Suit 284 of 2019
Rajawadi Hospital, Designation : Sweeper,
P.S. No. 6476, Employee Code No. 3499313,
Department : Rajawadi H. Lab No. 2,
Ward Unit 647, Sarvajanik Arogya Saffsafai
Khatte, Ghatkopar East, Mumbai – 400 077. ….Defendant
Appearances:
Advocate Mr. Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 27th SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.3,85,500/(Rupees Three Lacs
Eighty Five Thousand and Five Hundred only).
2. Plaintiff case in nut shell is that on 15/06/2017 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 16/04/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.3,85,500/(Rupees Three Lacs Eighty Five
Thousand and Five Hundred 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:
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3 Sum. Suit 284 of 2019
POINTS FINDINGS
1. Whether plaintiff proves that
defendant executed promissory
note for valuable consideration?
Yes
2. Whether plaintiff proves that
amount of Rs.3,85,500/(Rupees
Three Lacs Eighty Five Thousand
and Five Hundred only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.3,85,500/(Rupees
Three Lacs Eighty Five Thousand
and Five Hundred 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 15/06/2017
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 16/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.3,85,500/(Rupees Three Lacs Eighty Five Thousand
and Five Hundred only). As far as rate of interest is concerned plaintiff
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4 Sum. Suit 284 of 2019
has prayed for rate of 18% p.a. The said rate of interest is mentioned in
Promissory Note and hence it is 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.3,85,500/(Rupees Three Lacs Eighty Five Thousand
and Five Hundred 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: 27/09/2019 City Civil Court,Gr. Bombay
Dictated on : 27/09/2019
Transcribed on : 03/10/2019
Signed on : 03/10/2019
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5 Sum. Suit 284 of 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/10/2019 1.42 p.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.
27/09/2019
Judgment/order signed by P.O on 03/10/2019
Judgment/order uploaded on 04/10/2019
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