Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMASRY SUIT NO.1123/2018 1
Received on :19062018
Registered on : 03102018
Decided on : 11102019
Duration : 01Y 03M 23D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.1123 of 2018
CNR NO.: MHCC010073402018
Mr.Kantilal Bastimal Jodhavat
of Mumbai an adult Indian Inhabitant,
age 51 years, Occupation:Business
having his address at Room No.1603,
Siddhesh Apartment, Khataralli Lane,
C.P.Tank, Mumbai400 002. ...Plaintiff
Versus
Mr.Vilas Ramchandra Kadam
of Mumbai an adult Indian Inhabitant
age not known, occupation service,
having his office address at
Brihan Mumbai Municipal Corporation
B.M.C.office, Ghana Kachara Vyavashthappan
Khatte, E.C.No.3665929 P.C.No.3178, Mill Naka,
Prabhadevi Mumbai400 013. And also having his
Residence address at Vijay Apartment, PhaseII,
BWing, room No.9, Father wadi Vasai East. .Defendant
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 11TH OCTOBER 2019
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SUMMASRY SUIT NO.1123/2018 2
J U D G M E N T
This is a suit for recovery of Rs.2,04,375/ (Rupees Two Lakhs
Four Thousand Three Hundred and Seventy Five only).
2. The plaintiff’s case in nutshell is that on 05/12/2015 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 1,50,000/. The plaintiff had also
promised to pay the interest at the rate of 15% p.a. on the said amount.
Inspite of demand plaintiff had not paid the amount. Defendant is in
default of Rs.2,04,375/ (Rupees Two Lakhs Four Thousand Three
Hundred and Seventy Five 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.2,04,375/
(Rupees Two Lakhs Four
Thousand Three Hundred and
Seventy Five only) is due and
recoverable from the defendant?
Yes
3. Whether the plaintiff is entitled
to recover the amount of
Rs.2,04,375/ (Rupees Two Lakhs
Yes
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SUMMASRY SUIT NO.1123/2018 3
Four Thousand Three Hundred
and Seventy Five 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 demand notice.
6. The affidavit is supported by the documentary evidence. The
original promissory note and demand notice shows that on 05/12/2015
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 1,50,000/. The plaintiff had also
promised to pay the interest at the rate of 15 % p.a. on the said amount.
Inspite of demand plaintiff had not paid the amount. Defendant is in
default of Rs.2,04,375/ (Rupees Two Lakhs Four Thousand Three
Hundred and Seventy Five only). As far as rate of interest is concerned,
the plaintiff has prayed for interest at the rate of 15% p.a. this rate of
interest is mentioned in the promissory note and can be granted.
Therefore, point no. 1 to 3 is answered as “Yes” and following order is
passed:
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff an amount of Rs.2,04,375/
(Rupees Two Lakhs Four Thousand Three Hundred and Seventy Five
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SUMMASRY SUIT NO.1123/2018 4
only) with interest at the rate of 15% 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: 11/10/2019 City Civil Court,Gr. Bombay
Dictated on : 11/10/2019
Transcribed on : 18/10/2019
Signed on : 19/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/10/2019 at 4.15p.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
11/10/2019
Judgment/Order signed by P.O. on 19/10/2019
Judgment/Order uploaded on 22/10/2019
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