Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.800/2019 1
Received on : 22062018
Registered on : 06082019
Decided on : 10102019
Duration : 01Y 03M 20D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 800 OF 2019
CNR NO.: MHCC010074652018
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), Mumbai400 070. ...Plaintiff
Versus
Gangaram Asaram Aaput
of Mumbai an adult Indian Inhabitant
working for gain B.M.C., Conservancy Dept.,
''L'' ward,S.G.Barve Marg,Kurla(W),
Mumbai400 070. Worker No.4043256,
Pay Sheet No.6026 and residing at Shramjivi
Nagar ¾, Ambedkar Bhuvan, B.M.Mahamarg,
Chembur, Mumbai400 071. ….Defendants
Appearances:
Advocate Mr.Ramesh Jain and Mrs.Kusum Jain for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 10TH OCTOBER 2019
J U D G M E N T
This is a suit for recovery of Rs.1,52,718/ (Rupees One Lakh
Fifty Two Thousand Seven Hundred and Eighteen Only).
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SUMMARY SUIT NO.800/2019 2
2. The plaintiff’s case in nutshell is that on 24/06/2015 the
defendant executed a Demand Promissory Note in favour of plaintiff for
valuable consideration of Rs. 1,00,000/. 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 ofRs.1,52,718/ (Rupees One Lakh Fifty Two Thousand Seven
Hundred and Eighteen 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.1,52,718/ (Rupees
One Lakh Fifty Two Thousand Seven
Hundred and Eighteen Only) is due
and recoverable from the
defendant?
Yes
3. Whether the plaintiff is entitled to
recover the amount of Rs.1,52,718/
(Rupees One Lakh Fifty Two
Thousand Seven Hundred and
Eighteen Only)with interest as
claimed?
Yes
4. What order and decree? As per final order
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SUMMARY SUIT NO.800/2019 3
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Mrs.Priya Dhuri, C.A. 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 24/06/2015
the defendant executed a Demand Promissory Note in favour of plaintiff
for valuable consideration of Rs. 1,00,000/. 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.1,52,718/ (Rupees One Lakh Fifty Two Thousand Seven
Hundred and Eighteen Only). As far as rate of interest is concerned, the
plaintiff has prayed for interest at the rate of 18% p.a. As per section 80
of the Negotiable Instruments Act, 1882 such rate of interest 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.1,52,718/ (Rupees
One Lakh Fifty Two Thousand Seven Hundred and Eighteen 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.
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SUMMARY SUIT NO.800/2019 4
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 10/10/2019 City Civil Court,Gr. Bombay
Dictated on : 10/10/2019
Transcribed on : 10/10/2019
Signed on : 19/10/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/10/2019 at 4.40p.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
10/10/2019
Judgment/Order signed by P.O. on 19/10/2019
Judgment/Order uploaded on 19/10/2019
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