Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.172/2018 1
Received on : 24012018
Registered on : 08022018
Decided on : 01112019
Duration : 01Y 09M 09D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 172 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010013972018)
Sunkappa Gurappa Jadhav
of Mumbai, an adult Indian
Inhabitant, having his address at
Lal Patra Chawl No.251, Room No.10,
Cross Road, Dhasravi Mumbai400 017 ....Plaintiff
Versus
Uttam Govind Lende
Age not known
of Mumbai, an ad ult Indian
Inhabitant, working for gain
with IIT Post Office,Powai
(W), Mumbai400 076 Bill No.1,
GPE Number Pin 157964,
Designation Pay Scale PA MACPI. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 1ST NOVEMBER 2019
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SUMMARY SUIT NO.172/2018 2
J U D G M E N T
This is a suit for recovery of Rs.57,474/(Rupees Fifty Seven
Thousand Four Hundred and Seventy Four only).
2. Plaintiff case in nut shell is that on 12/02/2015 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.40,000/. The defendant also promised to pay
interest @ 15% p.a. on the said amount. On 11/07/2015 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.57,474/(Rupees Fifty Seven Thousand Four Hundred
and Seventy Four 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.57,474/(Rupees Fifty
Seven Thousand Four Hundred and
Seventy Four only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.57,474/(Rupees Fifty
Seven Thousand Four Hundred and
Seventy Four only) with interest as
claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.172/2018 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 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 12/02/2015
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.40,000/. The defendant also promised to
pay interest @ 15% p.a. on the said amount. On 11/07/2015 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.57,474/(Rupees Fifty Seven Thousand Four Hundred
and Seventy Four only). As far as rate of interest is concerned plaintiff
has prayed for rate of 15% p.a. As per section 80 of the N.I.Act 1882
such rate of interest can be 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.57,474/
(Rupees Fifty Seven Thousand Four Hundred and Seventy Four only)
with interest @ 15% p.a. from the date of filing of the suit till full and
final realization.
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SUMMARY SUIT NO.172/2018 4
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 01/11/2019 City Civil Court,Gr. Bombay
Dictated on : 01/11/2019
Transcribed on : 01/11/2019
Signed on : 02/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
06/11/2019 at 3.20p.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 01/11/2019
Judgment/Order signed by P.O. on 02/11/2019
Judgment/Order uploaded on 06/11/2019
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