Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.296/2019 1
Received on : 30012019
Registered on : 16022019
Decided on : 04102019
Duration : 00Y 07M 18D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 296 of 2019
(CNR NO.: MHCC010011882019)
Maruti Shankar Vairal
Of Mumbai Indian Inhabitant
Hindu, aged about 60 years,
Occupation – Business,
Having his address at Room No. 10,
Tulshiwadi Chawl, Chawl No.115/K,
Gunpowder Road, Mazgaon,
Mumbai 400 010.
Through his C.A Vipul Maruti Vairal ...Plaintiff
Versus
Shri. Arun Suresh Gaikwad
of Mumbai, Indian Inhabitant,
An Adult, age Not Known
Occupation : Service,
residing at Room No.401, Shivai Building,
Badlapur, Dist Thane.
And working at Sales Tax Bhawan (GST)
Vyavasay Lekha Parishat2,
5th Floor, 'A' Wing.
Mazgaon, Mumbai 400 010. ….Defendant
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SUMMARY SUIT NO.296/2019 2
Appearances:
Advocate Pushpa Goswami for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 04th October 2019
J U D G M E N T
This is a suit for recovery of Rs.66,924/ (Rupees Sixty Six
Thousand Nine Hundred and Twenty Four Only).
2. The plaintiff’s case in nutshell is that on 26.12.2017, 27.12.2017
and 11.05.2018 the defendant executed Three Demand Promissory
Notes in favour of plaintiff each of Rs. 20,000/ and total for valuable
consideration of Rs. 60,000/. 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.66,924/ (Rupees Sixty Six Thousand Nine Hundred and Twenty
Four 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 Yes
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SUMMARY SUIT NO.296/2019 3
defendant executed Three demand
promissory notes for valuable
consideration?
2. Whether the plaintiff proves that
amount of Rs. 66,924/ is due and
recoverable from the defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs. 66,924/
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.6 and filed original
three promissory notes and demand notice.
6. The affidavit is supported by the documentary evidence. The
original three promissory notes and demand notice shows that on
26.12.2017, 27.12.2017 and 11.05.2018 the defendant executed three
Demand Promissory Notes in favour of plaintiff each of Rs. 20,000/
and total for valuable consideration of Rs. 60,000/. 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.66,924/ (Rupees Sixty Six Thousand Nine
Hundred and Twenty Four 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
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SUMMARY SUIT NO.296/2019 4
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', point No. 4 is answered as per final order and
following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs.66,924/ (Rupees
Sixty Six Thousand Nine Hundred and Twenty Four 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: 04/10/2019 City Civil Court,Gr. Bombay
Dictated on : 04/10/2019
Transcribed on : 04/10/2019
Signed on : 05/10/2019
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SUMMARY SUIT NO.296/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09/10/2019 at 12.30 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
04/10/2019
Judgment/Order signed by P.O. on 05/10/2019
Judgment/Order uploaded on 09/10/2019
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