Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.234/2019 1
Received on : 30012019
Registered on : 05022019
Decided on : 22082019
Duration : 00Y 06M 24D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 234 of 2019
(CNR NO.: MHCC010011872019)
Shri. Vipul Maruti Vairal
Of Mumbai Indian Inhabitant
Hindu, aged about 30 years,
OccupationService
Having his address at Room No.10,
Tulshiwadi Chawl, Chawl No.115/K,
Gunpowder Road, Mazgaon,
Mumbai 400 010. ...Plaintiff
Versus
Shri.Ramdas Haribhau Sonawane
of Mumbai, Indian Inhabitant,
An Adult, age not known
Occupation: Service,
residing at ¼, Om Shree Sai Shradha
Cooperative Housing Society Ltd.,
Jeri Meri Street, Near Jeri Meri temple
Katemanivali, Tisgaon, Kalyan(east),
Dist.Thane421 306
and working at Uphar Grih, Ground Floor,
Sales Tax Office, Mazgaon,
Mumbai 400 010. ….Defendants
Appearances:
Advocate Ms.Pushpa H Goswami for the Plaintiff.
Defendants Exparte.
-- 1 of 4 --
SUMMARY SUIT NO.234/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 22ND AUGUST 2019
J U D G M E N T
This is a suit for recovery of Rs.31,792/(Rupees Thirty One
Thousand Seven Hundred and Ninety Two only).
2. Plaintiff case in nut shell is that on 22/05/2017 and 13/06/2017
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.30,000/ the defendant also promised to
pay interest @ 6% per month on the said amount. On 14/12/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.31,792/(Rupees Thirty One Thousand
Seven Hundred and Ninety Two 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.31,792/(Rupees
Thirty One Thousand Seven
Hundred and Ninety Two only) is
due and recoverable from
defendants?
Yes
-- 2 of 4 --
SUMMARY SUIT NO.234/2019 3
3. Whether plaintiff is entitled for
recovery of Rs.31,792/(Rupees
Thirty One Thousand Seven
Hundred and Ninety Two 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.5 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 22/05/2017 and
13/06/2017 defendant executed a demand promissory note in favour of
plaintiff for valuable consideration of Rs.30,000/. The defendant also
promised to pay interest @ 6% per month on the said amount. On
14/12/2018 plaintiff demanded the said amount but defendant refused
to pay. Defendant is in default of Rs.31,792/(Rupees Thirty One
Thousand Seven Hundred and Ninety Two only). As far as rate of
interest is concerned plaintiff has prayed for rate of 6% p.a.that rate of
interest can be granted. Therefore, point No.1 to 3 is answer as 'Yes' and
-- 3 of 4 --
SUMMARY SUIT NO.234/2019 4
following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs.31,792/
(Rupees Thirty One Thousand Seven Hundred and Ninety Two 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: 22/08/2019 City Civil Court,Gr. Bombay
Dictated on : 22/08/2019
Transcribed on : 23/08/2019
Signed on : 27/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28/08/2019 at 4.10p.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
22/08/2019
Judgment/Order signed by P.O. on 27/08/2019
Judgment/Order uploaded on 28/08/2019
-- 4 of 4 --