Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT 805/2018 1
Received on : 07062018
Registered on : 03082018
Decided on : 09072019
Duration : 01Y 01M 03D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 805 OF 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010068832018
Mr.Subhash Yelappa Kutade
of Mumbai an adult Indian,
Inhabitant aged about 33 years,
Occupaton Money Lender,
having his office and residnece
address at Room No.14, Navjivan
Seva Society, Shivneri Nagar,
Shingrewadi, Bailbazar,
Kurla West Mumbai400 070 ...Plaintiff
Versus
Mr.Vinesh Harishchandra Upasani
of Mumbai an adult Indian,
Inhabitant age 42 years,Occ.Service,
having his office address at D.R.M.C.
office Employee code No.00201906963,
designation Peon, Commercial Department,
C.S.T. Mumbai Railway Station and
also having his Residence address at
MS/RB/I/Building No.12, Room No.14, Railway
Colony, Near Railway, Sector No.22, Jui Nagar,
Navi Mumai, Sanpada Navi Mumbai400705. ….Defendants
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SUMMARY SUIT 805/2018 2
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 9TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.2,91,250/(Rupees Two Lacs
Ninety One Thousand Two Hundred and Fifty only).
2. The plaintiff case in nut shell is that plaintiff is a money lender
and on 20/06/2017 he had given loan of Rs.2,50,000/ to defendant.
On same date defendnat executed promissory note and agreed to pay
interest @ 18% p.a.. Inspite of demand defendant failed to repay the
loan. Defendant is in default of Rs.2,91,250/(Rupees Two Lacs Ninety
One Thousand Two Hundred and Fifty 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 the plaintiff proves that
he had given loan of Rs. 2.,50,000/ to
defendant?
Yes
2. Whether the plaintiff proves that
amount of Rs.2,91,250/(Rupees Two
Lacs Ninety One Thousand Two Hundred
Yes
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SUMMARY SUIT 805/2018 3
and Fifty only) is due and recoverable
from defendant?
3. Whether the plaintiff is entitled
for recovery of Rs.2,91,250/(Rupees
Two Lacs Ninety One Thousand Two
Hundred and Fifty only) along with
interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NO.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
promissory note,money lending licence and copy of demand notice.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The original
promissory note,money lending licence and copy of demand notice
shows that on 20/06/2017 he had given loan of Rs.2,50,000/ to
defendant. On same date defendant executed promissory note and
agreed to pay interest @ 18% p.a.. Inspite of demand defendant failed
to repay the loan. Defendant is in default of Rs.2,91,250/(Rupees Two
Lacs Ninety One Thousand Two Hundred and Fifty only). As far as rate
of interest is concerned, the plaintiff has claimed interest @ 18% p.a.
The same rate is mentioned in promissory note. As per section 80 of
N.I.Act such rate of interest can be granted. Therefore, point No.1 to 3
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SUMMARY SUIT 805/2018 4
is answered as Yes and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay amount of Rs.2,91,250/(Rupees Two Lacs
Ninety One Thousand Two Hundred and Fifty only) with interest @
18% p.a. from the date of filing of suit till the date of realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 09/07/2019 City Civil Court,Gr. Bombay
Dictated on : 09/07/2019
Transcribed on :10/07/2019
Signed on : 11/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 at 11.10p.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
09/07/2019
Judgment/Order signed by P.O. on 10/07/2019
Judgment/Order uploaded on 15/07/2019
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SUMMARY SUIT 805/2018 5
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