Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.219/2019 1
Received on : 23012019
Registered on : 01022019
Decided on : 01082019
Duration : 00Y 06M 10D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 219 O 2019
(CNR NO.: MHCC010010232019)
SUNKAPPA GURAPPA JADHAV Age 46years,
of Mumbai, an adulte, Indian, Inhabitant, having
his address at Lal Patra Chawl No.251, Room No.10,
Cross Road, DharaviMumbai400 017. ...Plaintiff
Versus
MUSTUFA B. KAZI age not known
of Mumbai an adult Indian Inhabitant
Working for gain with B.M.C.Office, H/Ward
St Martins Road, Bandra West, Mumbai400 050.
Department Road Repair DesignationLabour ...Defendant
Appearances:
Advocate Mr.Ramesh Jain & Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 1ST AUGUST 2019
J U D G M E N T
This is a suit for recovery of Rs. 49,815/ (Rupees Forty Nine
Thousand Eight Hundred and Fifteen Only).
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SUMMARY SUIT NO.219/2019 2
2. The plaintiff’s case in nutshell is that on 04.06.2018 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 45,000/. 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. 49,815/ (Rupees Forty Nine Thousand Eight Hundred and Fifteen
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. 49,815/ (Rupees Forty
Nine Thousand Eight Hundred and
Fifteen Only) is due and recoverable
from the defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs. 49,815/
(Rupees Forty Nine Thousand Eight
Hundred and Fifteen Only) with
interest as claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.219/2019 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 demand notice.
6. The affidavit is supported by the documentary evidence. The
original promissory note and demand notice shows that on 04.06.2018
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 45,000/. 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. 49,815/ (Rupees Forty Nine Thousand Eight Hundred
and Fifteen Only). As far as rate of interest is concerned, the plaintiff
has prayed for interest at the rate of 18% p.a. As per section 80 of the
Negotiable Instruments 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 plaintiff an amount of Rs. 49,815/ (Rupees
Forty Nine Thousand Eight Hundred and Fifteen 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.
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SUMMARY SUIT NO.219/2019 4
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 01/08/2019 City Civil Court,Gr. Bombay
Dictated on : 01/08/2019
Transcribed on : 08/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/08/2019 at 11.10p.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
01/08/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 19/08/2019
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