Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.812/2019 1
Received on : 19062018
Registered on : 09082019
Decided on : 09102019
Duration : 00Y 02M 0D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 812 of 2019
(CNR NO.: MHCC010072922018)
Gangaram Malku Gadge Age 59 Yrs.
Of Mumbai an adult Indian Inhabitant
having his address at Room No.11,
Stany Welfare Housing Society, Opp.
Building No.16, Wadia Estate, Bail
Bazar, Kurla (West) Mumbai – 400 070 ...Plaintiff
Versus
Arjun Soma Aarote
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.4474188.
Pay Sheet No.6027. And residing at
Jai Shankar Chowk, Hallow Pull, Makadwala
Chawl, Kurla (W), Mumabi – 400 070. ….Defendant
Appearances:
Advocate Mr. Ramesh Jain for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.812/2019 2
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.3,82,041/ (Rupees Three Lacs
Eighty Two Thousand and Forty One Only).
2. The plaintiff’s case in nutshell is that on 22.06.2015 the
defendant executed a Demand Promissory Note in favour of plaintiff of
Rs. 2,50,000/ and total 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.3,82,041/ (Rupees Three Lacs
Eighty Two Thousand and Forty One 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.3,82,041/ (Rupees Three
Yes
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SUMMARY SUIT NO.812/2019 3
Lacs Eighty Two Thousand and Forty
One Only) is due and recoverable from
the defendant?
3. Whether the plaintiff is entitled to
recover the amount of Rs.3,82,041/
(Rupees Three Lacs Eighty Two
Thousand and Forty One 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 22.06.2015
the defendant executed a Demand Promissory Note in favour of plaintiff
of Rs. 2,50,000/ and total 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.3,82,041/ (Rupees Three Lacs
Eighty Two Thousand and Forty One 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
and so such rate of interest can be granted. Therefore, point No.1 to 3 is
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SUMMARY SUIT NO.812/2019 4
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.3,82,041/
(Rupees Three Lacs Eighty Two Thousand and Forty One 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.812/2019 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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