Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.709/2019 1
Received on : 21062019
Registered on : 11072019
Decided on : 10102019
Duration : 00Y 02M 29D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 709 of 2019
(CNR NO.: MHCC010063332019)
Yankavva Yallappa Andredi Age 45 Years
of Mumbai an adult Indian
Inhabitant, having her address at Room No.3
Chawl No.G/27, Matunga Labour Camp,
Mumbai400 019 through C.A.
Lakshya Yallappa Andredi age 26 years ...Plaintiff
Versus
Pradip Baban Kamble
Age not known of Mumbai, an adult
Indian Inhabitant, working for gain with
Working for gain with B.M.C. “B” Ward,
Conservancy Dept, 121 Ramchand Bhat Marg,
Mumbai 400 009. Emp Cose No.4488602.
Residing at Room No.45, Shasti Nagar, Body
Guard Lane, Near R. T.O. Office, Tardeo,
Mumbai400 034 ….Defendant
Appearances:
Advocate Mr.Ramesh Jain for the Plaintiff.
Defendant Exparte.
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SUMMARY SUIT NO.709/2019 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. 2,91,672/ (Rupees Two Lacs
Ninety One Thousand Six Hundred and Seventy Two Only).
2. The plaintiff’s case in nutshell is that on 02.07.2018 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 2,50,000/. 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. Defendant is in
default of Rs. 2,91,672/ (Rupees Two Lacs Ninety One Thousand Six
Hundred and Seventy Two Only). Hence this suit.
3. The defendant was 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
defendant executed a demand
promissory note for valuable
consideration?
Yes
2. Whether the plaintiff proves that
amount of Rs. 2,91,672/ (Rupees Two
Lacs Ninety One Thousand Six
Yes
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SUMMARY SUIT NO.709/2019 3
Hundred and Seventy Two Only) is due
and recoverable from the defendant?
3. Whether the plaintiff is entitled to
recover the amount of Rs. 2,91,672/
(Rupees Two Lacs Ninety One
Thousand Six Hundred and Seventy
Two 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 Lakshya Yallapa Andredi, 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 02.07.2018
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 2,50,000/. 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. Defendant is in
default of Rs. 2,91,672/ (Rupees Two Lacs Ninety One Thousand Six
Hundred and Seventy Two 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
relationship between the plaintiff and defendant is contractual in nature
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SUMMARY SUIT NO.709/2019 4
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. Defendant do pay to plaintiff an amount of Rs. 2,91,672/
(Rupees Two Lacs Ninety One Thousand Six Hundred and
Seventy Two 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.709/2019 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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