Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.517/2019 1
Received on : 04052018
Registered on : 02052019
Decided on : 01082019
Duration : 01Y 02M 29D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 517 of 2019
(CNR NO.: MHCC010060992018)
Rajabai Gangaram Gadge Age 58years,
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 years. ...Plaintiff
Versus
Akash Kashinath Borade
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.4426776
Paysheet No.6027, And residing at Budh Nagar
Star Seva Mandal Sarnath Budh Vihar
B.L.Lokhande Marg,Govandi,Mumbai400 043. ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendant Exparte.
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SUMMARY SUIT NO.517/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 1ST AUGUST 2019
J U D G M E N T
This is a suit for recovery of Rs. 76,605/(Rupees Seventy Six
Thousand Six Hundred and Five 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.50,000/ the defendant also promised to pay
interest @ 18% p.a. on the said amount. Plaintiff demanded the said
amount but defendant refused to pay. Defendant is in default of
Rs. 76,605/(Rupees Seventy Six Thousand Six Hundred and Five 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. 76,605/(Rupees
Seventy Six Thousand Six
Hundred and Five only) is due and
recoverable from defendants?
Yes
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SUMMARY SUIT NO.517/2019 3
3. Whether plaintiff is entitled for
recovery of Rs. 76,605/(Rupees
Seventy Six Thousand Six
Hundred and Five 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 Shri.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.50,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. Plaintiff demanded the
said amount but defendant refused to pay. Defendant is in default of Rs.
76,605/(Rupees Seventy Six Thousand Six Hundred and Five 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 to 3 is answered as 'Yes' and following
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SUMMARY SUIT NO.517/2019 4
order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs. 76,605/
(Rupees Seventy Six Thousand Six Hundred and Five 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: 01/08/2019 City Civil Court,Gr. Bombay
Dictated on : 01/08/2019
Transcribed on : 07/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/08/2019 at 12.40p.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
01/08/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 19
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SUMMARY SUIT NO.517/2019 5
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