Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum. Suit 497 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. 497 of 2019
CNR NO.: MHCC010058422018
Swati Sahebrao Gadge, Age 30 years
of Mumbai an adul Indian Inhabitant
having her address at Room No. 11,
Stany Chawl, Wadia Estate, Kurla (W),
Mumbai – 400 070. ...Plaintiff
Versus
Rahul Ravindra Salvi
age not known of Mumbai an adult
Indian Inhabitant working for gain
with B.M.C., Conservancy Dept.,
“L” Ward, S.G. Barve Marg, Kurla (W),
Mumbai – 400 070.
Worker No. 4115212. Paysheet No. 6025
and residing at Building No. 110,
Room No. 715, Saikrupa Coop. Soc.,
Flat No. 138, Mhada New Vasahat,
Mankhurd Mumbai – 400 043. ….Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
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2 Sum. Suit 497 of 2019
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 26TH SEPTEMBER 2019
J U D G M E N T
This is a suit for recovery of Rs.76,630/(Rupees Seventy Six
Thousand Six Hundred and Thirty only).
2. Plaintiff case in nut shell is that on 08/05/2015 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.50,000/. The defendant also promised to pay
interest @ 18% per annum on the said amount. On 13/04/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.76,630/(Rupees Seventy Six Thousand
Six Hundred and Thirty 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.76,630/(Rupees
Seventy Six Thousand Six
Hundred and Thirty only) is due
and recoverable from defendants?
Yes
3. Whether plaintiff is entitled for Yes
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3 Sum. Suit 497 of 2019
recovery of Rs.76,630/(Rupees
Seventy Six Thousand Six
Hundred and Thirty 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 08/05/2015
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.50,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 13/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.76,630/(Rupees Seventy Six Thousand Six Hundred
and Thirty 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.76,630/
(Rupees Seventy Six Thousand Six Hundred and Thirty only)
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4 Sum. Suit 497 of 2019
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: 26/09/2019 City Civil Court,Gr. Bombay
Dictated on : 26/09/2019
Transcribed on : 26/09/2019
Signed on : 27/09/2019
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5 Sum. Suit 497 of 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27/09/2019 2.50 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
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