Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 SUM.SUIT 921/2018
Received on : 09022018
Registered on : 09022018
Decided on : 08072019
Duration : 01Y 04M 28D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 921 OF 2018
(SUMMARY SUIT UNDER ORDER XXXVII, RULE 2)
CNR NO.: MHCC010021192018)
SWATI SAHEBRAO GADGE AGE 27 years,
of Mumbai an adult Indian Inhabitant,
having his address at Room No.11,
Stany Chawl, Wadia Estate,
Kurla(West), Mumbai400 070 ...Plaintiff
Versus
VARSHA SHARAD JADHAV
of Mumbai an adult Indian Inhabitant,
working for gain with Kasturba Hospital,
'Sane Guruji Road, Public Health Mubai
Employee No.3932175, Paysheet No.2413,
and residing at M.H.B.Colony, Nirmal Nagar,
Bldg.No.9, Room No.17, Khar Easet,
Mumbai 400 051. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 8TH JULY 2019
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2 SUM.SUIT 921/2018
J U D G M E N T
This is a suit for recovery of Rs.2,41,030/(Rupees Two
Lacs Forty One Thousand and Thirty only)
2. The plaintiff case in nut shell is that on 20/05/2016 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.2 lacs. The defendant also promised to pay interest
@ 18% p.a.on the said amount.Plaintiff demanded the promised
amount but defendant refused to pay. Defendant is in default of
Rs.2,41,030/(Rupees Two Lacs Forty One Thousand and Thirty 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 the plaintiff proves that
defendant has executed demand
promissory note for valuation
consideration of Rs.2,00,000/?
Yes
2. Whether the plaintiff proves that
amount of Rs.2,41,030/(Rupees Two
Lacs Forty One Thousand and Thirty
only) is due and recoverable from
defendant?
Yes
3. Whether the plaintiff is entitled Yes
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3 SUM.SUIT 921/2018
for recovery of Rs.2,41,030/(Rupees
Two Lacs Forty One Thousand and
Thirty only) along with interest as
claimed?
4. What order and decree? As per final order
REASONS
AS TO POINT NO.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined herself vide Exh.7 and filed original
documents, promissory note, advocate notice, money lender licence and
books of account.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The promissory note,
advocate notice, money lender licence and books of account shows that
on 20/05/2016 defendant executed a demand promissory note in
favour of plaintiff for valuable consideration of Rs.2 lacs. The defendant
also promised to pay interest @ 18% p.a.on the said amount. Plaintiff
demanded the promised amount but defendant refused to pay.
Defendant is in default of Rs.2,41,030/(Rupees Two Lacs Forty One
Thousand and Thirty only).As far as rate of interest is concerned, the
plaintiff has claimed interest @18%p.a. The same is mentioned in
demand promissory note. Therefore, the interest @ 18% p.a. can be
granted. Accordingly, point No.1 to 3 is answered as 'Yes' and following
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4 SUM.SUIT 921/2018
order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay amount of Rs.2,41,030/(Rupees Two Lacs
Forty One Thousand and Thirty only) with interest @ 18% p.a. from the
date of filing of suit till the date of realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 08/07/2019 City Civil Court,Gr. Bombay
Dictated on : 08/07/2019
Transcribed on : 09/07/2019
Signed on : 10/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 at 10.35p.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
08/07/2019
Judgment/Order signed by P.O. on 10/07/2019
Judgment/Order uploaded on 15/07/2019
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