Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.495/2019 1
Received on : 27042018
Registered on : 23042019
Decided on : 13092019
Duration : 01Y 04M 17D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 495 of 2019
(CNR NO.: MHCC010058372018)
Rajabai Gangaram Gadge Age 58 yrs.,
of Mumbai an adult Indian Inhabitant
having her address at Room No.10/11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate Bail
Bazar, Kurla(West),Mumbai400 070,
Through Constituted Attorney
Mr.Gangaram M Gadge, Age 59 yrs. ...Plaintiff
Versus
Janu Gunaji Bagade
age not known of Mumbai an adult
Indian Inhabitant working at B.M.C.
Conservancy Dept.,''L'' Ward.
S.G.Barve Road, Kurla West,
Mumbai400 070. Employee No.3953390
Paysheet No.6026. And residing at B/15,
BMC Bldg.,Near Lion Garden ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.495/2019 2
CORAM :HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 13TH SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.3,83,644/(Rupees Three Lacs
Eighty Three Thousand Six Hundred and Forty Four only).
2. Plaintiff case in nut shell is that on 04/05/2015 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% per annum on the said amount. On 14/04/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.3,83,644/(Rupees Three Lacs Eighty
Three Thousand Six Hundred and Forty Four 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.3,83,644/(Rupees
Three Lacs Eighty Three Thousand Six
Hundred and Forty Four only) is due
and recoverable from defendants?
Yes
3. Whether plaintiff is entitled for Yes
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SUMMARY SUIT NO.495/2019 3
recovery of Rs.3,83,644/(Rupees
Three Lacs Eighty Three Thousand Six
Hundred and Forty Four only) with
interest as claimed?
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 Manjusha N Shete, CA of plaintiff 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 04/05/2015
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 14/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.3,83,644/(Rupees Three Lacs Eighty Three Thousand
Six Hundred and Forty Four 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
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SUMMARY SUIT NO.495/2019 4
to 3 is answered 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.3,83,644/
(Rupees Three Lacs Eighty Three Thousand Six Hundred and Forty Four
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: 13/09/2019 City Civil Court,Gr. Bombay
Dictated on : 13/09/2019
Transcribed on : 17/09/2019
Signed on : 25/09/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/10/2019 at 5.10p.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
13/09/2019
Judgment/Order signed by P.O. on 25/09/2019
Judgment/Order uploaded on 15/10/2019
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