Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Sum. Suit 722 of 2019
Received on : 04.05.2018
Registered on : 17.07.2019
Decided on : 27.09.2019
Duration : Y M D
0 2 10
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 722 of 2019
CNR NO.: MHCC010060862018
Gangaram Malku Gadge Age 59 yrs.,
of Mumbai an adult Indian Inhabitant
having his address at Room No. 11,
Stany Welfar Housing Society, Opp.
Building No. 16, Wadia Estate, Bail
Bazar, Kurla (W), Mumbai – 400 070. ...Plaintiff
Versus
Sanju Gulab Sathe, age not known
of Mumbai an adult Indian Inhabitant
working for gain with B.M.C., Conservancy Dept.,
“L” Ward, Kurla (W), Mumbai – 400 070.
Worker No. 4182483. Paysheet No. 6027 &
residing at Malekar Wadi Lokhande Marg,
Chembur – 400 089. ….Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 27th SEPTEMBER 2019
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2 Sum. Suit 722 of 2019
J U D G M E N T
This is a suit for recovery of Rs.4,59,632/(Rupees Four Lacs
Fifty Nine Thousand Six Hundred and Thirty Two only).
2. Plaintiff case in nut shell is that on 17/05/2015 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.3,00,000/ 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.4,59,632/(Rupees Four Lacs Fifty Nine
Thousand Six Hundred and Thirty Two 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.4,59,632/(Rupees
Four Lacs Fifty Nine Thousand Six
Hundred and Thirty Two only) is
due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.4,59,632/(Rupees
Four Lacs Fifty Nine Thousand Six
Hundred and Thirty Two only)
with interest as claimed?
Yes
4. What order and decree? As per final order
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3 Sum. Suit 722 of 2019
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 17/05/2015
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.3,00,000/ 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.4,59,632/(Rupees Four Lacs Fifty Nine Thousand Six
Hundred and Thirty Two 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 Promissory Note and hence it is granted. Therefore, point
No.1 to 3 is answer 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.4,59,632/
(Rupees Four Lacs Fifty Nine Thousand Six Hundred and Thirty
Two only) with interest @ 18% p.a. from the date of filing of the
suit till full and final realization.
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4 Sum. Suit 722 of 2019
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 27/09/2019 City Civil Court,Gr. Bombay
Dictated on : 27/09/2019
Transcribed on : 27/09/2019
Signed on : 30/09/2019
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5 Sum. Suit 722 of 2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
03/10/2019 12.30 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.
27/09/2019
Judgment/order signed by P.O on 30/09/2019
Judgment/order uploaded on 03/10/2019
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