Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.811/2019 1
Received on : 11062018
Registered on : 09082019
Decided on : 09102019
Duration : 00Y 02M 0D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 811 of 2019
(CNR NO.: MHCC010069382018)
Rajabai Gangaram Gadge Age 59 Yrs.
Of Mumbai an adult Indian Inhabitant
having her address at Room No.10/11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail
Bazar, Kurla (West) Mumbai – 400 070
Through Constituted Attorney
Mr. Gangaram M. Gadge Age 59 Yrs. ...Plaintiff
Versus
Nanda Bajrang Jadhav
age not known
of Mumbai, an adult Indian Inhabitant,
working at BMC, Conservancy Dept.,
“L” Ward, S. G. Barve Road, Kurla (W)
Mumbai – 400 070. Worker No.3953156.
Pay Sheet No.6025. And Residing at
Mahatma Phule Nagar, Zopadpatti Chawl
No.4, P.L. Lokhande Marg, Chembur,
Mumbai400 089. ….Defendant
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SUMMARY SUIT NO.811/2019 2
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 09th October 2019
J U D G M E N T
This is a suit for recovery of Rs.7,67,288/ (Rupees Seven Lacs
Sixty Seven Thousand Two Hundred and Eighty Eight Only).
2. The plaintiff’s case in nutshell is that on 11.06.2015 the
defendant executed a Demand Promissory Note in favour of plaintiff of
Rs. 5,00,000/ and total for valuable consideration of Rs.5,00,000/.
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.7,67,288/ (Rupees Seven Lacs
Sixty Seven Thousand Two Hundred and Eighty Eight 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
Yes
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SUMMARY SUIT NO.811/2019 3
consideration?
2. Whether the plaintiff proves that
amount of Rs.7,67,288/ (Rupees Seven
Lacs Sixty Seven Thousand Two
Hundred and Eighty Eight Only) is due
and recoverable from the defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs.7,67,288/
(Rupees Seven Lacs Sixty Seven
Thousand Two Hundred and Eighty
Eight 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 Priya Dhuri, 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 11.06.2015
the defendant executed a Demand Promissory Note in favour of plaintiff
of Rs. 5,00,000/ and total for valuable consideration of Rs.5,00,000/.
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.7,67,288/ (Rupees Seven Lacs
Sixty Seven Thousand Two Hundred and Eighty Eight 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
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SUMMARY SUIT NO.811/2019 4
note. The relationship between the plaintiff and defendant is
contractual in nature and so such rate of interest can be granted.
Therefore, point No.1 to 3 is answered as 'Yes', point No. 4 is answered
as per final order and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs.7,67,288/
(Rupees Seven Lacs Sixty Seven Thousand Two Hundred and
Eighty Eight 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: 09/10/2019 City Civil Court,Gr. Bombay
Dictated on : 09/10/2019
Transcribed on : 10/10/2019
Signed on : 10/10/2019
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SUMMARY SUIT NO.811/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/10/2019 at 11.00 a.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
09/10/2019
Judgment/Order signed by P.O. on 10/10/2019
Judgment/Order uploaded on 15/10/2019
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