Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.498/19 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. 498 of 2019
CNR NO.: MHCC010059332018
Jyoti Datta Wagh Age 31 years,
of Mumbai an adult Indian Inhabitant
having her address at 1/11, Ram Niwas Chawl
Sunder Baug, Kurla(West),Mumbai400 070 ...Plaintiff
Versus
Arjun Soma Aarote
age not known of Mumbai an adult Indian
Inhabitant working at BMC, “L” Ward,
Conservancy Dept., S.V.Marg, Kurla West.
Mumbai400 070.
Kurla(West), Mumbai400 070.1158
Worker No.4474188 Paysheet No.6027
And residing at Jaishankar Chowk.
Halao Pool, Makadwala Compound,
Makadwala Chawl, Kurla(West),
Mumai400 070. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.498/19 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.3,83,520/(Rupees Three Lacs
Eighty Three Thousand Five Hundred and Twenty only).
2. Plaintiff case in nut shell is that on 02/05/2015 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 13/04/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.3,83,520/(Rupees Three Lacs Eighty
Three Thousand Five Hundred and Twenty 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.3,83,520/(Rupees
Three Lacs Eighty Three Thousand
Five Hundred and Twenty only) is
Yes
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SUMMARY SUIT NO.498/19 3
due and recoverable from
defendants?
3. Whether plaintiff is entitled for
recovery of Rs.3,83,520/(Rupees
Three Lacs Eighty Three Thousand
Five Hundred and Twenty 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 Manjusha N Shete, C.A.of plaintiff
vide Exh.5 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 02/05/2015
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 13/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.3,83,520/(Rupees Three Lacs Eighty Three Thousand
Five Hundred and Twenty only). As far as rate of interest is concerned
plaintiff has prayed for rate of 18% p.a. As per section 80 of the
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SUMMARY SUIT NO.498/19 4
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.3,83,520/
(Rupees Three Lacs Eighty Three Thousand Five Hundred and Twenty
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 : 14/10/2019
Signed on : 14/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/10/2019 at 5.25p.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 14/10/2019
Judgment/Order uploaded on 17/10/2019
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SUMMARY SUIT NO.498/19 5
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