Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.827/18 1
Received on : 03022018
Registered on : 09082018
Decided on : 16102019
Duration : 01Y 08M 12D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 827 OF 2018
CNR NO.: MHCC010018892018
Jyoti Datta Wagh Age 29 years,
of Mumbai an adult Indian Inhabitant
having her address at 1/11, Ram Niwas
Chawl, Sunder Baug, Kurla(West),
Mumbai400 070. ...Plaintiff
Versus
Jaywant Ravji Shevre
age not known of Mumbai an adult
Indian Inhabitant working at B.M.C.
conservancy Dept.''L” Ward,S.G.Barve
Road, Kurla West, Mumbai400 070.
Employee No.3790904. Paysheet No.6025.
And residing at Pace Apartment,
01st Floor,Room No.101,Sarinath Nagar,
East, Virar. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 16TH OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs.1,15,288/(Rupees One Lakh
Fifteen Thousand Two Hundred and Eighty Eight only).
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SUMMARY SUIT NO.827/18 2
2. Plaintiff case in nut shell is that on 05/09/2016 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.1,00,000/. The defendant also promised to pay
interest @ 18% per annum on the said amount. On 13/04/2017
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.1,15,288/(Rupees One Lakh Fifteen
Thousand Two Hundred and Eighty Eight 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.1,15,288/(Rupees One
Lakh Fifteen Thousand Two Hundred
and Eighty Eight only) is due and
recoverable from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.1,15,288/(Rupees One
Lakh Fifteen Thousand Two Hundred
and Eighty Eight only) with interest as
claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.827/18 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 herself vide Exh.6 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 05/09/2016
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.1,00,000/. The defendant also promised
to pay interest @ 18% p.a. on the said amount. On 13/04/2017 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.1,15,288/(Rupees One Lakh Fifteen Thousand Two
Hundred and Eighty Eight only). As far as rate of interest is concerned
plaintiff has prayed for rate of 18% 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 answered 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.1,15,288/
(Rupees One Lakh Fifteen Thousand Two Hundred and Eighty Eight
only) with interest @ 18% p.a. from the date of filing of the suit till full
and final realization.
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SUMMARY SUIT NO.827/18 4
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 16/10/2019 City Civil Court,Gr. Bombay
Dictated on : 16/10/2019
Transcribed on : 17/10/2019
Signed on : 18/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
19/10/2019 at 3.50p.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
16/10/2019
Judgment/Order signed by P.O. on 18/10/2019
Judgment/Order uploaded on 19/10/2019
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