Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.455/2018 1
Received on : 21032018
Registered on : 09042018
Decided on : 23072019
Duration : 01Y 03M 03D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 455 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010089682017
SUDHIR SONAPPA KUNCHIKORVE
of Mumbai, an adult, Indian
Inhabitant, carrying on business of
Money Lending at and from Room No.146,
Maharana Pratap Nagar, Dharavi Cross
Road, Mumbai400 017. ...Plaintiff
Versus
DEEPAK KESHAV JADHAV
Age not Known
of Mumbai, an adult Indian Inhabitant,
working for gain with T.T.C.Wadala Depot,
Best Bhavan Best Marg, Colaba, Mumai400 001.
Emp.No.023 2519600 Id No.325196
and residing at 16/15, Best Kamgar Vasahat
4th floor, Sion Bandra Link Road,
Dharavi, Mumbai400 017. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.455/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 23RD JULY 2019
J U D G M E N T
This is a suit for recovery of Rs. 46,845/(Rupees Forty Six
Thousand Eight Hundred and Forty Five only).
2. Plaintiff case in nut shell is that on 07/04/2017 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.40,000/ the defendant also promised to pay
interest @ 18% p.a. on the said amount. On 16/03/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs. 46,845/(Rupees Forty Six Thousand Eight Hundred
and Forty 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. 46,845/(Rupees
Forty Six Thousand Eight Hundred
and Forty Five only) is due and
recoverable from defendants?
Yes
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SUMMARY SUIT NO.455/2018 3
3. Whether plaintiff is entitled for
recovery of Rs. 46,845/(Rupees
Forty Six Thousand Eight Hundred
and Forty 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 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 07/04/2017
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.40,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 16/03/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs. 46,845/(Rupees Forty Six Thousand Eight Hundred
and Forty 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 N.I.Act 1882 such
rate of interest can be granted. Therefore, point No.1 to 3 is answer as
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SUMMARY SUIT NO.455/2018 4
'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. 46,845/
(Rupees Forty Six Thousand Eight Hundred and Forty 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: 23/07/2019 City Civil Court,Gr. Bombay
Dictated on : 23/07/2019
Transcribed on : 24/07/2019
Signed on : 30/07/2019
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SUMMARY SUIT NO.455/2018 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/07/2019 at 1.32p.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
23/07/2019
Judgment/Order signed by P.O. on 30/07/2019
Judgment/Order uploaded on 31/07/2019
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