Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.728/2019 1
Received on : 05052018
Registered on : 23072019
Decided on : 16102019
Duration : 01Y 05M 13D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 728 of 2019
(CNR NO.: MHCC010061572018)
Gangaram Malku Gadge Age 59 years,
of Mumbai an adult Indian Inhabitant
having his address at Room No.11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail
Bazar, Kurla(West),Mumbai400 070. ...Plaintiff
Versus
Jagpal Chandra Valmiki
of Mumbai an adult Indian Inhabitant
working for gain with B.M.C.,Conservancy
Dept.,''L'' ward, S.G.Barve Marg, Kurla West,
Mumbai400 070, Worker No.3953235,
Paysheet No.6033 and residing at
Room No.114, Pooja Nagar, Achole Road
Near Shirdi Nagar, Saree Compound,
Nalasopara, East Vasai Thane401 209 ….Defendant
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 16TH OCTOBER 2019
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SUMMARY SUIT NO.728/2019 2
J U D G M E N T
This is a suit for recovery of Rs.3,81,179/(Rupees Three Lakhs
Eighty One Thousand One Hundred and Seventy Nine only).
2. Plaintiff case in nut shell is that on 02/06/2015 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 02/05/2018
plaintiff demanded the said amount but defendant refused to pay.
Defendant is in default of Rs.3,81,179/(Rupees Three Lakhs Eighty
One Thousand One Hundred and Seventy Nine 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.3,81,179/(Rupees
Three Lakhs Eighty One Thousand
One Hundred and Seventy Nine
only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs.3,81,179/(Rupees
Three Lakhs Eighty One Thousand
One Hundred and Seventy Nine
only) with interest as claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.728/2019 3
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Mrs.Priya Dhuri 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 02/06/2015
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 02/05/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.3,81,179/(Rupees Three Lakhs Eighty One Thousand
One Hundred and Seventy Nine 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 order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to the plaintiff the amount of Rs.3,81,179/
(Rupees Three Lakhs Eighty One Thousand One Hundred and Seventy
Nine only) with interest @ 18% p.a. from the date of filing of the suit
till full and final realization.
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SUMMARY SUIT NO.728/2019 4
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 16/10/2019 City Civil Court,Gr. Bombay
Dictated on : 16/10/2019
Transcribed on : 18/10/2019
Signed on : 22/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23/10/2019 at 12.30p.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
16/10/2019
Judgment/Order signed by P.O. on 22/10/2019
Judgment/Order uploaded on 23/10/2019
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