Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT 696 OF 2018 1
Received on : 28062018
Registered on : 06072018
Decided on : 09072019
Duration : 01Y 0M 12D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 696 OF 2018
(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908)
CNR NO.: MHCC010077432018
Mr.Ashok Saibu Gadge
of Mumbai an adult Indian
Inhabitant aged 36 years,
Occupation carrying on money lending
business in his name at Room No.2,
National Chawl, Gaurishankar Nagar,
Masrani Lane, Kurla West, Mumbai400070. ...Plaintiff
Versus
Mr.Suresh Sakharam More,
of Mankhurd Mumbai an adult Indian
Inhabitant age not known,Occ.Service
having his office address at Municipal
Corporation of Greater Mumbai
Employee No.3823279, Department Ghana
Kachara Vyavashthapan Khatte, G/North Ward,
G/North vibhag Office, B.M.C.office,
Saffsafaikhatte, behind Dadar Plaza Cinema
4th floor,Dadar West Mumbai400028. And
also having his residence address Room No.23,
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SUMMARY SUIT 696 OF 2018 2
Mukund, Sant Rohidas Marg, near Panchsheela
Baudh vihar, Dharavi Mumbai400017. ….Defendant
Appearances:
Advocate Mr.Balbheem Patil for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 9TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.3,45,000/(Rupees Three Lacs
Forty Five Thousand only).
2. The plaintiff case in nut shell is that plaintiff is a money lender .
On 12/04/2017 defendant had taken loan of Rs.3,00,000/ from
plaintiff and executed promissory note in favour of plaintiff. Defendant
has agreed to pay interest @ 18%p.a. on the said amount. Inspite of
demand defendant failed to pay the amount of Rs.3,45,000/(Rupees
Three Lacs Forty Five 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 the plaintiff proves
that he had given loan of Rs.
3,00,000/ to defendant?
Yes
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SUMMARY SUIT 696 OF 2018 3
2. Whether the plaintiff proves that
amount of Rs.3,45,000/(Rupees
Three Lacs Forty Five Thousand only)
is due and recoverable from
defendant?
Yes
3. Whether the plaintiff is entitled
for recovery of Rs.3,45,000/(Rupees
Three Lacs Forty Five Thousand only)
along with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NO.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff filed original demand promissory note, Form
No.10, Demand notice, Cash book.
6. Heard Ld.counsel for plaintiff.
7. The oral evidence has gone unchallenged. The original demand
promissory note, Form No.10, Demand notice, Cash book shows that on
12/04/2017 defendant had taken loan of Rs.3,00,000/ from plaintiff
and executed promissory note in favour of plaintiff. Defendant has
agreed to pay interest @ 18%p.a. on the said amount. Inspite of
demand defendant failed to pay the amount of Rs.3,45,000/(Rupees
Three Lacs Forty Five Thousand only). As far as rate of interest is
concerned, the plaintiff has claimed interest @ 18% p.a. The rate of
interest is mentioned in promissory note therefore, such rate of interest
is granted. Therefore, point No.1 to 3 is answered as 'Yes' and following
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SUMMARY SUIT 696 OF 2018 4
order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay amount of Rs.3,45,000/(Rupees Three Lacs
Forty Five Thousand only) with interest @ 18% p.a. from the date of
filing of suit till the date of realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 09/07/2019 City Civil Court,Gr. Bombay
Dictated on : 09/07/2019
Transcribed on :10/07/2019
Signed on : 11/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/07/2019 at 10.58p.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
09/07/2019
Judgment/Order signed by P.O. on 11/07/2019
Judgment/Order uploaded on 15/07/2019
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SUMMARY SUIT 696 OF 2018 5
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