Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.667/2018 1
Received on : 12062018
Registered on : 28062018
Decided on : 22102019
Duration : 01Y 04M 11D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 667 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010070002018)
Mr.Sayalu Hanmanlu Shahapurkar
of Mumbai an adult Indian
Inhabitant age about 35 years,
Occupation Money Lander
having his office and residence
address at Building No.21B,
Room No.412, Hirandani Akruti,
Lallubhai Compound, Mankhurd
West Mumbai400 043. ...Plaintiff
Versus
Mr.Shamkant Ganpat Lad
of Mumbai an adult Indian,
Inhabitant age 57 years,
Occupation:Service
having his residence address at
Shahshkiya Dairy Vasahat, Ring No.7
Room No.33, Abdul Gafar Khan Road,
Worli East Mumbai400 018. And also
having his office address at General Manager
Greater Mumai Milk scheme,
Government of Maharashtra, Designation:
BoilHelper, Card No.31, Worli
Mumbai400018 and also having his native
place residence address at Shirkhali
Post Mirvane, Taluka Chiplun,
District Ratnagiri,State of Maharashtra ….Defendant
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.667/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 22ND OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs.2,27,000/(Rupees Two Lakhs
Twenty Seven Thousand only).
2. Plaintiff case in nut shell is that on 12/08/2017 defendant
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs.2,00,000/ the defendant also promised to pay
interest @ 18% p.a. on the said amount. On 19/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.2,27,000/(Rupees Two Lakhs Twenty Seven 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 promissory note
for valuable consideration?
Yes
2. Whether plaintiff proves that
amount of Rs.2,27,000/(Rupees Two
Lakhs Twenty Seven Thousand only) is
due and recoverable from defendants?
Yes
3. Whether plaintiff is entitled for Yes
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SUMMARY SUIT NO.667/2018 3
recovery of Rs.2,27,000/(Rupees Two
Lakhs Twenty Seven Thousand only)
with interest as claimed?
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
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 12/08/2017
defendant executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs.2,00,000/ the defendant also promised to
pay interest @ 18% p.a. on the said amount. On 19/04/2018 plaintiff
demanded the said amount but defendant refused to pay. Defendant is
in default of Rs.2,27,000/(Rupees Two Lakhs Twenty Seven Thousand
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.2,27,000/
(Rupees Two Lakhs Twenty Seven Thousand only) with interest @ 18%
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SUMMARY SUIT NO.667/2018 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: 18/10/2019 City Civil Court,Gr. Bombay
Dictated on : 18/10/2019
Transcribed on : 22/10/2019
Signed on : 23/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/10/2019 at 2.40p.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 18/10/2019
Judgment/Order signed by P.O. on 23/10/2019
Judgment/Order uploaded on 24/10/2019
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