Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.312/2019 1
Received on : 23012019
Registered on : 20022019
Decided on : 10102019
Duration : 00Y 07M 20D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 312 of 2019
(CNR NO.: MHCC010009552019)
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 west Mumbai70. ...Plaintiff
Versus
Mr. Ganesh Dashrath Salave
of Navi Mumbai an adult,
Indian Inhabitant, Aged about 47 years,
Occupation Service residing at
B302, Mujawar Apartment, Plot No.49,
Near to Ganesh visarjan Talao,
Sector No.20, Navi Mumbai
Koparkhairane, District Thane. 400709.
And also having his office address at
Ganesh Bal Mandir High School, Near To
Kohinoor city, Christian Village, L. B. S.
Marg, Kurla West Mumbai400070. ….Defendant
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SUMMARY SUIT NO.312/2019 2
Appearances:
Advocate Mr.Balbhem Patil for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 10th October 2019
J U D G M E N T
This is a suit for recovery of Rs. 3,94,500/ (Rupees Three Lacs
Ninety Four Thousand and Five Hundred Only).
2. The plaintiff’s case in nutshell is that on 20.04.2017 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 3,00,000/. 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. 3,94,500/ (Rupees Three Lacs Ninety Four Thousand
and Five Hundred 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:
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SUMMARY SUIT NO.312/2019 3
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. 3,94,500/ (Rupees
Three Lacs Ninety Four Thousand and
Five Hundred Only) is due and
recoverable from the defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs. 3,94,500/
(Rupees Three Lacs Ninety Four
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 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 20.04.2017
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 3,00,000/. 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
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SUMMARY SUIT NO.312/2019 4
default of Rs. 3,94,500/ (Rupees Three Lacs Ninety Four Thousand
and Five Hundred 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”
and following order is passed:
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs. 3,94,500/
(Rupees Three Lacs Ninety Four Thousand and Five Hundred
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: 10/10/2019 City Civil Court,Gr. Bombay
Dictated on : 10/10/2019
Transcribed on : 10/10/2019
Signed on : 11/10/2019
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SUMMARY SUIT NO.312/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/10/2019 at 05.30 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
10/10/2019
Judgment/Order signed by P.O. on 11/10/2019
Judgment/Order uploaded on 15/10/2019
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