Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum. Suit 496 of 2019
Received on : 27.04.2018
Registered on : 27.04.2018
Decided on : 26.09.2019
Duration : Y M D
1 4 30
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 496 of 2019
CNR NO.: MHCC010058412018
Swati Sahebrao Gagde Age 30 years
of Mumbai an adult Indian Inhabitant
having her address at Room No. 11,
Stany Chawl, Wadia Estate, Kurla (W),
Mumbai – 400 070. ...Plaintiff
Versus
Rajesh Trikam Maru age not known
of Mumbai an adult Indian Inhabitant
working for gain with B.M.C. “M' West
Ward, 1st Road, Near Natraj Cinema,
Chembur, Mumbai – 400 071.
Emp Code No. 4109312.
Pay Sheet No. A 6207 and residing at
“A” 10 Municipal Quarters,
Near Lioe Garden, L.B.S. Road,
Kurla (W), Mumbai – 400 070. ….Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 26TH SEPTEMBER 2019
-- 1 of 5 --
2 Sum. Suit 496 of 2019
J U D G M E N T
This is a suit for recovery of Rs.1,53,457/(Rupees One Lac Fifty
Three Thousand Four Hundred and Fifty Seven 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.1,00,000/. The defendant also promised to pay
interest @ 18% per annum on the said amount. On 12/04/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.1,53,457/(Rupees One Lac Fifty Three
Thousand Four Hundred and Fifty Seven 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.1,53,457/(Rupees
One Lac Fifty Three Thousand
Four Hundred and Fifty Seven
Only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.1,53,457/(Rupees
One Lac Fifty Three Thousand
Four Hundred and Fifty Seven
Yes
-- 2 of 5 --
3 Sum. Suit 496 of 2019
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 Manjush N. Shete 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.1,00,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 12/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.1,53,457/(Rupees One Lac Fifty Three Thousand Four
Hundred and Fifty Seven only). As far as rate of interest is concerned
plaintiff has prayed for rate of 18% p.a. The said rate of interest is
mentioned in original promissory note and so it is granted. As per
section 80 of the N.I.Act 1882 such rate of interest can be granted.
Therefore, point No.1 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.1,53,457/
(Rupees One Lac Fifty Three Thousand Four Hundred and Fifty
Seven only) with interest @ 18% p.a. from the date of filing of
-- 3 of 5 --
4 Sum. Suit 496 of 2019
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: 26/09/2019 City Civil Court,Gr. Bombay
Dictated on : 26/09/2019
Transcribed on : 26/09/2019
Signed on : 27/09/2019
-- 4 of 5 --
5 Sum. Suit 496 of 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27/09/2019 3.00 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Shri. M.S.Lone
(C.R.NO.28)
Date of Pronouncement of
Judgment/Order.
26/09/2019
Judgment/order signed by P.O on 27/09/2019
Judgment/order uploaded on 27/09/2019
-- 5 of 5 --