Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.501/2019 1
Received on : 08042019
Registered on : 25042019
Decided on : 03092019
Duration : 00Y 04M 26D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 501 of 2019
(CNR NO.: MHCC010042542019)
Yankavva Yallappa Andredi Age 45 years
of Mumbai an adult Indian
Inhabitant, having her address at Room No.3
Chawl No.G/27, Matunga Labour Camp,
Mumbai400 019 through C.A.
Lakshya Yallappa Andredi Age years ...Plaintiff
Versus
Mahadev Baburao Shinde
Age not known of Mumbai, an adult
Indian Inhabitant, working for gain with
Shop Tech Loader Domestic Airport,
Mumbai400 099 and residing at
242 Shastri Nagar, West Exp.Highway,
Vileparle East Mumbai400 099. ...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)
DATE : 3RD SEPTEMBER 2019
-- 1 of 4 --
SUMMARY SUIT NO.501/2019 2
J U D G M E N T
This is a suit for recovery of Rs.1,37,872/(Rupees One Lac
Thirty Seven Thousand Eight Hundred and Seventy Two only).
2. Plaintiff case in nut shell is that on 20/05/2018 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.1,20,000/, the defendant also promised to pay
interest @ 18% per annum on the said amount. On 11/02/2019
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.1,37,872/(Rupees One Lac Thirty Seven
Thousand Eight Hundred and Seventy 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.1,37,872/(Rupees One Lac Thirty Seven
Thousand Eight Hundred and Seventy Two
only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for recovery
of Rs.1,37,872/(Rupees One Lac Thirty
Seven Thousand Eight Hundred and Seventy
Two only) with interest as claimed?
Yes
4. What order and decree? As per final order
-- 2 of 4 --
SUMMARY SUIT NO.501/2019 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 Lakshya Yallappa Andredi, CA of
plaintiff vide Exh.3 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 20/05/2018
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.1,20,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 11/02/2019 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.1,37,872/(Rupees One Lac Thirty Seven Thousand
Eight Hundred and Seventy 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.1,37,872/
(Rupees One Lac Thirty Seven Thousand Eight Hundred and Seventy
Two only) with interest @ 18% p.a. from the date of filing of the suit
-- 3 of 4 --
SUMMARY SUIT NO.501/2019 4
till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 03/09/2019 City Civil Court,Gr. Bombay
Dictated on : 03/09/2019
Transcribed on : 09/09/2019
Signed on : 09/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/09/2019 at 11.00a.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
03/09/2019
Judgment/Order signed by P.O. on 09/09/2019
Judgment/Order uploaded on 11/09/2019
-- 4 of 4 --