Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.703/2018 1
Received on : 19062018
Registered on : 11072018
Decided on : 23072019
Duration : 01Y 01M 05D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 703 OF 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010072892018)
JYOTI DINESH SOLANKI Age 44 years,
of Mumbai an adult Indian Inhabitant
having her address ast Room No.45,
BIT Chawl No.15, Sent Merry Road, Tadwadi
Mazgaon, Mumbai400 010. ...Plaintiff
Versus
1. SHANTA MADHAV SOLANKI
Age not known of Mumbai an adult Indian
Inhabitant working for gain with B.M.C.,'H'Ward
Behind Bhabha Hospital,Bandra(West),Mumbai
EMPCode 04431905 And residing at Shivleela Aprt.,
3rd Floor, AWing, Room No.303, Durga Nagar,Behind
Datiwali, Talav, Diva Agarsaw Road, Diva East,
Diva400 612.
2. MANIBEN DEVSHI SOLANKI
age not known of Mumbai an adult Indian
Inhabitant residing at Shivleela Aprt.,3rd floor,
AWing, Room No.303, Durga Nagar,Behind
Datiwali, Talav, Diva Agarsaw Road, Diva East,
Diva400 612. ….Defendants
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SUMMARY SUIT NO.703/2018 2
Appearances:
Advocate Mr.Ramesh Jain & Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 23RD JULY 2019
J U D G M E N T
This is a suit for recovery of Rs. 5,96,164/(Rupees Five Lacs
Ninety Six Thousand One Hundred and Sixty Four only).
2. Plaintiff case in nut shell is that on 25/04/2017 defendants
executed a demand promissory note in favour of plaintiff for valuable
consideration of Rs. 5,00,000/. The defendants also promised to pay
interest @ 18% p.a. on the said amount. Plaintiff demanded the said
amount on 16/05/2018 but defendants refused to pay the said amount.
Defendants are in default of Rs. 5,96,164/(Rupees Five Lacs Ninety
Six Thousand One Hundred and Sixty Four only).Hence, this suit.
3. The defendants were served with summons for appearance but
they remained absent therefore, suit is proceeded exparte against
them.
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
defendants executed promissory
note for valuable consideration?
Yes
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SUMMARY SUIT NO.703/2018 3
2. Whether plaintiff proves that
amount of Rs. 5,96,164/(Rupees
Five Lacs Ninety Six Thousand
One Hundred and Sixty Four
only)is due and recoverable from
defendants?
Yes
3. Whether plaintiff is entitled for
recovery of Rs. 5,96,164/
(Rupees Five Lacs Ninety Six
Thousand One Hundred and Sixty
Four 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 herself 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 25/04/2017
defendants executed a demand promissory note in favour of plaintiff for
valuable consideration of Rs. 5,00,000/. The defendants also promised
to pay interest @ 18% p.a. on the said amount. Plaintiff demanded the
said amount on 16/05/2018 but defendants refused to pay the said
amount. Defendants are in default of Rs. 5,96,164/(Rupees Five Lacs
Ninety Six Thousand One Hundred and Sixty Four only).As far as rate
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SUMMARY SUIT NO.703/2018 4
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. Defendants do jointly and severally pay to the plaintiff the
amount of Rs. 5,96,164/(Rupees Five Lacs Ninety Six Thousand One
Hundred and Sixty Four only) with interest @ 18% 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: 23/07/2019 City Civil Court,Gr. Bombay
Dictated on : 23/07/2019
Transcribed on : 23/07/2019
Signed on : 30/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/07/2019 at 1.25p.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 23/07/2019
Judgment/Order signed by P.O. on 30/07/2019
Judgment/Order uploaded on 31/07/2019
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SUMMARY SUIT NO.703/2018 5
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