Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1213/2018 1
Received on : 05052018
Registered on : 19102018
Decided on : 03082019
Duration : 01Y 03M 00D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1213 of 2018
(CNR NO.: MHCC010061652018)
Rajesh Premji Rathod Age 48 years
of Mumai, an adult, Indian, Inhabitant,having
his address at Ground Floor, DMG Room No.44,
Mahalaxmi Zopadpatti, Aproch Road,
Tulsi Wadi, Tardeo, Mumbai400 034. ...Plaintiff
Versus
Sunil D Vinjuda Age not known
of Mumbai an adult Indian Inhabitant
Working for gain with B.M.C.”E” Ward,
Byculla, Mumbai400 008 E.M.C.4459189
P.S.No.2654 And residing at
E.S.Patanwala Marg, M.H.Compound
Bethi Chawl Behind, Room No.19,
Byculla East,Mumbai400 027. ...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)
DATED : 3RD AUGUST 2019
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SUMMARY SUIT NO.1213/2018 2
J U D G M E N T
This is a suit for recovery of Rs. 2,55,802/(Rupees Two Lacs
Fifty Five Thousand Eight Hundred and Two only).
2. Plaintiff case in nut shell is that on 25/05/2017 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.2,20,000/ 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.
2,55,802/(Rupees Two Lacs Fifty Five Thousand Eight Hundred and
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. 2,55,802/(Rupees
Two Lacs Fifty Five Thousand
Eight Hundred and Two only) is
due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 2,55,802/(Rupees
Two Lacs Fifty Five Thousand
Eight Hundred and Two only)
with interest as claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.1213/2018 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 himself vide Exh.6 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 25/05/2017
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.2,20,000/ 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. 2,55,802/(Rupees Two Lacs Fifty Five Thousand Eight Hundred
and Two only). As far as rate of interest is concerned plaintiff has
prayed for rate of interest 18% p.a.that rate of interest is mentioned in
promissory note and so it can be 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. 2,55,802/
(Rupees Two Lacs Fifty Five Thousand Eight Hundred and Two only)
with interest @ 18% p.a. from the date of filing of the suit till full and
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SUMMARY SUIT NO.1213/2018 4
final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 03/08/2019 City Civil Court,Gr. Bombay
Dictated on : 03/08/2019
Transcribed on : 13/08/2019
Signed on : 19/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/08/2019 at 11.35p.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 03/08/2019
Judgment/Order signed by P.O. on 19/08/2019
Judgment/Order uploaded on 20/08/2019
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