Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.964/2018 1
Received on : 09022018
Registered on : 07092018
Decided on : 07092019
Duration : 01Y 06M 27D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 964 of 2018
(CNR NO.: MHCC010021242018)
Rajabai Gangaram Gadge Age 50yrs.,
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 Yrs. ...Plaintiff
Versus
Ramila Vithal Solanki
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.3635942
Paysheet No.6025 and residing at A/4
Municipal Chawl, Near Liance Garden,
L.B.S.Road, Kurla West, Mumbai400 070. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.964/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 7th SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.6,32,165/(Rupees Six Lacs
Thirty Two Thousand One Hundred and Sixty Five only).
2. Plaintiff case in nut shell is that on 10/01/2016 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.5,00,000/, the defendant also promised to pay
interest @ 18% per annum on the said amount. On 12/04/2017
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.6,32,165/(Rupees Six Lacs Thirty Two
Thousand One Hundred and Sixty Five 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.6,32,165/(Rupees
Six Lacs Thirty Two Thousand One
Hundred and Sixty Five only) is
due and recoverable from
defendant?
Yes
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SUMMARY SUIT NO.964/2018 3
3. Whether plaintiff is entitled for
recovery of Rs.6,32,165/(Rupees
Six Lacs Thirty Two Thousand One
Hundred and Sixty Five 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 Gangaram M Gadge, CA of plaintiff
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 10/01/2016
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.5,00,000/, the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 12/04/2017 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.6,32,165/(Rupees Six Lacs Thirty Two Thousand One
Hundred and Sixty Five only). As far as rate of interest is concerned
plaintiff has prayed for rate of 18% p.a. As per section 80 of the
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SUMMARY SUIT NO.964/2018 4
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.6,32,165/
(Rupees Six Lacs Thirty Two Thousand One Hundred and Sixty Five
only) with interest @ 18% p.a. from the date of filing of the suit till full
and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 07/09/2019 City Civil Court,Gr. Bombay
Dictated on : 07/09/2019
Transcribed on : 09/09/2019
Signed on : 09/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/09/2019 at 11.50p.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
07/09/2019
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SUMMARY SUIT NO.964/2018 5
Judgment/Order signed by P.O. on 09/09/2019
Judgment/Order uploaded on 16/09/2019
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