Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.474/2018 1
Received on : 23032018
Registered on : 10042018
Decided on : 22082019
Duration : 01Y 05M 01D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 474 OF 2018
(CNR NO.: MHCC010040482018)
Shri.Maruti Shankar Vairal
Of Mumbai Indian Inhabitant
Hindu, aged about 65 years,
Occupation:Retired,
Having his address at Room No.10,
Tulshiwadi Chawl, Chawl No.115/K
Gunpowder Road, Mazgaon,
Mumbai 400 010. ...Plaintiff
Versus
Shri.Dinesh Mangal Pardhi
of Mumbai Indian Inhabitant,
An Adult, age not known
Occupation: Service
Working at PRO Sales Office, 1st floor,
Mazgaon,Mumbai400 010,
Residing at Room No.19, Tompson2,
Shivdas Chapsi Marg, Mumbai400 010. ….Defendants
Appearances:
Advocate Ms.Pushpa H Goswami for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.474/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 22ND AUGUST 2019
J U D G M E N T
This is a suit for recovery of Rs.37,990/(Rupees Thirty Seven
Thousand Nine Hundred and Ninety only).
2. Plaintiff case in nut shell is that on 29/11/2016 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.30,000/ the defendant also promised to pay
interest @ 18% per month on the said amount. On 28/02/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.37,990/(Rupees Thirty Seven Thousand Nine Hundred
and Ninety only). Hence, this suit.
3. The defendant was served with summons for appearance, he
appeared. Thereafter, plaintiff took out summons for judgment
No.42/2019. The summons for judgment was served on defendant but
defendant has not filed any reply to the summons for judgment.
Therefore, summons for judgment is proceeded exparte.
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.37,990/(Rupees
Yes
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SUMMARY SUIT NO.474/2018 3
Thirty Seven Thousand Nine
Hundred and Ninety only) is due
and recoverable from defendants?
3. Whether plaintiff is entitled for
recovery of Rs.37,990/(Rupees
Thirty Seven Thousand Nine
Hundred and Ninety 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.5 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 29/11/2016
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.30,000/ the defendant also promised to
pay interest @ 18% per month on the said amount. On 28/02/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.37,990/(Rupees Thirty Seven Thousand
Nine Hundred and Ninety 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.474/2018 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.37,990/
(Rupees Thirty Seven Thousand Nine Hundred and Ninety 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. Summons for Judgment No.42/2019 is disposed off accordingly.
5. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 22/08/2019 City Civil Court,Gr. Bombay
Dictated on : 22/08/2019
Transcribed on : 23/08/2019
Signed on : 26/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
26/08/2019at5.05p.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 22/08/2019
Judgment/Order signed by P.O. on 26/08/2019
Judgment/Order uploaded on 26/08/2019
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SUMMARY SUIT NO.474/2018 5
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