Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.701/2019 1
Received on : 19062019
Registered on : 11072019
Decided on : 10102019
Duration : 00Y 02M 29D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 701 of 2019
(CNR NO.: MHCC010061772019)
Premachand Gulabchandji
of Mumbai, an adult Indian
Inhabitant, carrying on business
of Money Lending at and fro
46, Modi Street, Ground
gloor, Fort, Mumbai – 400 001 ...Plaintiff
Versus
1.Surendra Ramchandra Sharma
age knot known, of Mumbai an adult
Indian inhabitant working for gain
with Western Railway, COS AFF DAFTY
Churchgate, H.Q. Mumbai400 020 And
residing at : Bld No.149/G. S.V.Road, Bandra
(West) Mumbai 400 050
2.Paramshivam Vellu
age knot known, of Mumbai an adult
Indian inhabitant working for gain with
Western Railway, Khar Station, Head TC Office,
Commercial Dept. Khar Mumbai And residing at
Bld No.151/I.S.V. Road, Bandra (West)
Mumbai 400 050 ….Defendants
Appearances:
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.701/2019 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 10th October 2019
J U D G M E N T
This is a suit for recovery of Rs. 81,380/ (Rupees Eighty One
Thousand Three Hundred and Eighty Only).
2. The plaintiff’s case in nutshell is that on 03.11.2018 the
defendants executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 75,000/. The plaintiff had also
promised to pay the interest at the rate of 18 % p.a. on the said amount.
Inspite of demand plaintiff had not paid the amount. Defendants are in
default of Rs. 81,380/ (Rupees Eighty One Thousand Three Hundred
and Eighty Only) Hence this suit.
3. The defendants were served with summon 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 the plaintiff proves that
defendants executed a demand
promissory note for valuable
consideration?
Yes
2. Whether the plaintiff proves that
amount of Rs. 81,380/ (Rupees Eighty
Yes
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SUMMARY SUIT NO.701/2019 3
One Thousand Three Hundred and
Eighty Only) is due and recoverable
from the defendants?
3. Whether the plaintiff is entitled to
recover the amount of Rs. 81,380/
(Rupees Eighty One Thousand Three
Hundred and Eighty 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 Mahendra P Jain, Constituted
Attorney, vide Exh.7 and filed original promissory note and demand
notice.
6. The affidavit is supported by the documentary evidence. The
original promissory note and demand notice shows that on 03.11.2018
the defendants executed a Demand Promissory Note in favour of
plaintiff for valuable consideration of Rs. 75,000/. The plaintiff had
also promised to pay the interest at the rate of 18 % p.a. on the said
amount. Inspite of demand plaintiff had not paid the amount.
Defendants are in default of Rs. 81,380/ (Rupees Eighty One
Thousand Three Hundred and Eighty Only). As far as rate of interest is
concerned, the plaintiff has prayed for interest at the rate of 18% p.a.
The said rate of interest in mentioned in the promissory note. The
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SUMMARY SUIT NO.701/2019 4
relationship between the plaintiff and defendants are contractual in
nature and so 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. Defendants do jointly and severally pay to plaintiff an amount of
Rs. 81,380/ (Rupees Eighty One Thousand Three Hundred and
Eighty Only) with interest at the rate of 18% p.a. from the date of
filing of this suit till full and final realization of the amount.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 10/10/2019 City Civil Court,Gr. Bombay
Dictated on : 10/10/2019
Transcribed on : 10/10/2019
Signed on : 11/10/2019
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SUMMARY SUIT NO.701/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/10/2019 at 05.40 p.m. Mr. A. S. Sugdare
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
10/10/2019
Judgment/Order signed by P.O. on 11/10/2019
Judgment/Order uploaded on 15/10/2019
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