Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.412/2019 1
Received on : 02032019
Registered on : 15032019
Decided on : 01112019
Duration : 00Y 8M 1D1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 412 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010024762019)
Sunkappa Gurappa Jadhav
of Mumbai, an adult Indian Inhabitant
having his address at Lal Patra Chawl No.251,
Room No.10,Cross Road, Dharavi,Mumbai400 017. ...Plaintiff
Versus
Rafel Kashinath Salve age not known
of Mumbai an adult Indian Inhabitant
working for gain with B.M.C.Office Sant
Martiz Road, H/Ward, Bandra West,
Mumbai400 050. Department AEM HW
Road Repair, E.C.No.3573990 PS No.AS004,
Designation Labourer. ….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
J U D G M E N T
This is a suit for recovery of Rs.2,74,042/(Rupees Two Lakhs
Seventy Four Thousand and Forty Two only).
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SUMMARY SUIT NO.412/2019 2
2. Plaintiff case in nut shell is that on 10/08/2018 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.2,50,000/ the defendant also promised to pay
interest @ 18% p.a. on the said amount. On 03/01/2019 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.2,74,042/(Rupees Two Lakhs Seventy Four Thousand
and Forty Two 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.2,74,042/(Rupees Two
Lakhs Seventy Four Thousand and
Forty Two only) is due and recoverable
from defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.2,74,042/(Rupees Two
Lakhs Seventy Four Thousand and
Forty Two only) with interest as
claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.412/2019 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 10/08/2018
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.2,50,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 03/01/2019 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.2,74,042/(Rupees Two Lakhs Seventy Four Thousand
and Forty Two 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 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.2,74,042/
(Rupees Two Lakhs Seventy Four Thousand and Forty Two 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.412/2019 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 3.30p.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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