Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.634/2019 1
Received on : 11062019
Registered on : 26062019
Decided on : 10102019
Duration : 00Y 03M 14D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 634 of 2019
(CNR NO.: MHCC010057462019)
Deepak Shankar Pawar Age 38 Yrs.
of Mumbai an adult Indian inhabitant
having his address at 21, Block No.1
Jai Shankar Chowk, Halao Pul Road
Opp. Rolex Hotel, Kurla(West)
Mumbai – 400 070. ...Plaintiff
Versus
Subhash Raghuvir Walmiki
Age not known of Mumbai, an adult Indian
inhabitant, working for gain with Municipal
Corporation of Greater Mumbai Office at the
V. N. Desai Municipal General Hospital Santacruz
East E. C.4152884 PS No. A5211, Mumbai400055.
And Residing Room No.11, Bld No.5, New B.D.D.
Chawl, Devkar Road, Near Police Head Quarter,
Naigaon, Mumbai – 400 014 ….Defendants
Appearances:
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.634/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 10th October 2019
J U D G M E N T
This is a suit for recovery of Rs. 2,87,480/ (Rupees Two Lacs
Eighty Seven Thousand Four Hundred and Eighty Only).
2. The plaintiff’s case in nutshell is that on 02.08.2018 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 2,50,000/. The plaintiff had also
promised to pay the interest at the rate of 18 % p.a. on the said amount.
Inspite of demand plaintiff had not paid the amount. Defendant is in
default of Rs. 2,87,480/ (Rupees Two Lacs Eighty Seven Thousand
Four Hundred and Eighty Only). Hence this suit.
3. The defendant was served with summon 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 the plaintiff proves that
defendant executed a demand
promissory note for valuable
consideration?
Yes
2. Whether the plaintiff proves that
amount of Rs. 2,87,480/ (Rupees Two
Lacs Eighty Seven Thousand Four
Yes
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SUMMARY SUIT NO.634/2019 3
Hundred and Eighty Only) is due and
recoverable from the defendant?
3. Whether the plaintiff is entitled to
recover the amount ofRs. 2,87,480/
(Rupees Two Lacs Eighty Seven
Thousand Four Hundred and Eighty
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 demand notice.
6. The affidavit is supported by the documentary evidence. The
original promissory note and demand notice shows that on 02.08.2018
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 2,50,000/. The plaintiff had also
promised to pay the interest at the rate of 18 % p.a. on the said amount.
Inspite of demand plaintiff had not paid the amount. Defendant is in
default of Rs. 2,87,480/ (Rupees Two Lacs Eighty Seven Thousand
Four Hundred and Eighty Only). As far as rate of interest is concerned,
the plaintiff has prayed for interest at the rate of 18% p.a. The said rate
of interest in mentioned in the promissory note. The relationship
between the plaintiff and defendant is contractual in nature and so such
rate of interest can be granted. Therefore, point no. 1 to 3 is answered
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SUMMARY SUIT NO.634/2019 4
as “Yes” and following order is passed:
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs. 2,87,480/
(Rupees Two Lacs Eighty Seven Thousand Four Hundred and
Eighty Only) with interest at the rate of 18% p.a. from the date of
filing of this suit till full and final realization of the amount.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 10/10/2019 City Civil Court,Gr. Bombay
Dictated on : 10/10/2019
Transcribed on : 10/10/2019
Signed on : 11/10/2019
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SUMMARY SUIT NO.634/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/10/2019 at 05.30 p.m. Mr. A. S. Sugdare
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
10/10/2019
Judgment/Order signed by P.O. on 11/10/2019
Judgment/Order uploaded on 15/10/2019
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