Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.892/2018 1
Received on : 09022018
Registered on : 28082018
Decided on : 01082019
Duration : 01Y 05M 21D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 892 OF 2018
(CNR NO.: MHCC010021222018)
RAJABAI GANGARAM GADGE, Age 58 years,
of Mumbai an adult Indian Inhabitant
having her address at Room No.10/11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail
Bazar, Kurla(West), Mumbai400 070
Through Constituted Attorney
Mr.Gangaram M.Gadge Age 59 years, ...Plaintiff
Versus
SAYBANNA HUSAINYAPPA BORA
age not known of Mumbai an adult Indian
Inhabitant working at Senior Section Engineering,
Works I.O.W.Department, Opp.8th No.Plat Form
Kurla(West), Mumbai400 070. ….Defendants
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 AUGUST 2019
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SUMMARY SUIT NO.892/2018 2
J U D G M E N T
This is a suit for recovery of Rs. 6,32,904/ (Rupees Six Lacs
Thirty Two Thousand Nine Hundred and Four Only).
2. The plaintiff’s case in nutshell is that on 07.01.2016 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 5,00,000/. 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. 6,32,904/ (Rupees Six Lacs Thirty Two Thousand Nine
Hundred and Four Only), hence this suit.
3. The defendants 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
defendant executed a demand
promissory note for valuable
consideration?
Yes
2. Whether the plaintiff proves that
amount of Rs. 6,32,904/ (Rupees Six
Lacs Thirty Two Thousand Nine
Hundred and Four Only) is due and
recoverable from the defendant?
Yes
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SUMMARY SUIT NO.892/2018 3
3. Whether the plaintiff is entitled to
recover the amount of Rs. 6,32,904/
(Rupees Six Lacs Thirty Two
Thousand Nine Hundred and Four
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 Shri Manjush N. Shete, C.A. of
plaintiff vide Exh.7 and filed original promissory note and demand
notice.
6. The affidavit is supported by the documentary evidence. The
original promissory note and demand notice shows that on 07.01.2016
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 5,00,000/. 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. 6,32,904/ (Rupees Six Lacs Thirty Two Thousand Nine
Hundred and Four Only). As far as rate of interest is concerned, the
plaintiff has prayed for interest at the rate of 18% p.a. As per section 80
of the Negotiable Instruments Act, 1882 such rate of interest can be
granted. Therefore, point no. 1 to 3 is answered as “Yes” and following
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SUMMARY SUIT NO.892/2018 4
order is passed:
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs. 6,32,904/
(Rupees Six Lacs Thirty Two Thousand Nine Hundred and 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: 01/08/2019 City Civil Court,Gr. Bombay
Dictated on : 01/08/2019
Transcribed on : 08/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/08/2019 at 11.05p.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
01/08/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 19/08/2019
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SUMMARY SUIT NO.892/2018 5
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