Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.677/2018 1
Received on : 05052018
Registered on : 29062018
Decided on : 27082019
Duration : 01Y 03M 24D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 677 OF 2018
(CNR NO.: MHCC010062462018)
SUNKAPPA GURAPPA JADHAV age 46 yrs.,
of Mumbai, an adult, Indian
Inhabitant, having his address at
Lal Patra Chawl No.251, Room No.10,
Cross Road, DharaviMumbai400 017. ...Plaintiff
Versus
AJIT JAYRAM PAWAR
Age not known
of Mumbai, an adult Indian Inhabitant,
working for gain with Post Office, O/o.Sr.
Supdt of Post Office east Division, Dadar
East Mumbai400 014. DesiPoatal Assistant
Bill No.5(GPF Number PTN144024. ….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 : 27TH AUGUST 2019
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SUMMARY SUIT NO.677/2018 2
J U D G M E N T
This is a suit for recovery of Rs. 52,035/(Rupees Fifty Two
Thousand and Thirty Five only).
2. Plaintiff case in nut shell is that on 20/06/2017 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.45,000/. 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. 52,035/(Rupees Fifty Two Thousand and Thirty 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. 52,035/(Rupees
Fifty Two Thousand and Thirty Five
only) is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 52,035/(Rupees
Fifty Two Thousand and Thirty Five
only) with interest as claimed?
Yes
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SUMMARY SUIT NO.677/2018 3
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.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 20/06/2017
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.45,000/ 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. 52,035/(Rupees Fifty Two Thousand and Thirty 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 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. 52,035/
(Rupees Fifty Two Thousand and Thirty Five only) with interest @ 18%
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SUMMARY SUIT NO.677/2018 4
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: 27/08/2019 City Civil Court,Gr. Bombay
Dictated on : 27/08/2019
Transcribed on : 27/08/2019
Signed on : 28/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28/08/2019 at 5.00p.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
27/08/2019
Judgment/Order signed by P.O. on 28/08/2019
Judgment/Order uploaded on 28/08/2019
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