Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.604/2018 1
Received on : 05052018
Registered on : 14062018
Decided on : 24072019
Duration : 01Y 02M 21D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 604 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
(CNR NO.: MHCC010062242018)
Mr.Sunil Nagu Jadhav
of Mumbai an adult Indian Inhabitant
aged about 38 years, Occupation:
carrying money lending business in his
name at Samrat Ashok Nagar, Mukund Nagar,
P.L.Lokhande Marg, Chembur Mumbai400 089,
Through his power of attorney holder
Mr.Ganesh Nagu Jadhav of Mumbai an adult
Indian Inhabitant aged about 40 years,
Occupation Service having his address
at Samrat Ashok Nagar, Mukund Nagar,
P.L.Lokhande Marg, Chembur Mumbai400 089 ...Plaintiff
Versus
Mr.Kumar Bhanudas Kate
an adult, Indian Inhabitant,
aged 48 years, Occupation:Service,
having his office address at Municipal
Corporation of Greater Mumbai
Assistant Engineer Cons WW ESI,
Employee No.1276435, Ps.No.349
Water Department, NWard,
Ghatkopar West Mumbai
and also having his residence address at
B.M.C.Quarters, Room No.215,
A1,Opp:Chawl No.5, Pawai Aarey Colony,
Pawai Mumbai400 078. ...Defendant
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SUMMARY SUIT NO.604/2018 2
Appearances:
Advocate Mr.Bhalbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 24th July,2019
J U D G M E N T
This is a suit for recovery of Rs. 4,08,000/ (Rupees Four Lakhs
Eight Thousand Only).
2. Plaintiff case in nut shell is that the plaintiff is a money lender
and on 20.04.2016 plaintiff had granted a loan of Rs 3,00,000/ to
defendant. The defendant executed a promissory note and promised to
pay the amount on demand. However, the defendant refused to pay the
said amount on demand.The defendant is in default of Rs.4,08,000/
(Rupees Four Lakhs Eight Thousand 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 a demand
promissory note for valuable
consideration?
Yes
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SUMMARY SUIT NO.604/2018 3
2. Whether plaintiff proves that
amount of Rs. 4,08,000/ (Rupees
Four Lakhs Eight Thousand Only) is
due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 4,08,000/ (Rupees
Four Lakhs Eight Thousand 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 himself vide Exh.7 and filed original
demand promissory note and notice of demand.
6. Heard Ld. Counsel for plaintiff.
7. The affidavit is supported by documents. The original bill of
exchange and advocates demand notice shows that the plaintiff is a
money lender and on 20.04.2016 plaintiff had granted a loan of Rs
3,00,000/ to defendant. The defendant executed a promissory note and
promised to pay the amount on demand. However, the defendant
refused to pay the said amount on demand. The defendant is in default
of Rs. 4,08,000/ (Rupees Four Lakhs Eight Thousand Only). As far as
rate of interest is concerned plaintiff has prayed for rate of 18% p.a. As
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SUMMARY SUIT NO.604/2018 4
per section 80 of the N.I.Act 1882 such rate of interest 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. 4,08,000/
(Rupees Four Lakhs Eight Thousand 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: 24/07/2019 City Civil Court,Gr. Bombay
Dictated on : 24/07/2019
Transcribed on : 24/07/2019
Signed on : 30/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/07/2019 at 4.00p.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
24/07/2019
Judgment/Order signed by P.O. on 30/07/2019
Judgment/Order uploaded on 31/07/2019
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