Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.950/2019 1
Received on :08-08-2019
Registered on : 24-09-2019
Decided on : 24-02-2020
Duration : 00Y 06M 18D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 950 OF 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-008359-2019)
Mr. Santosh Nagurao Gadge,
Age: 27 years, Occupation: Money Lender,
carrying said money lending business
at Room No.4, N.M.Gadge Chawl,
Makadwala Compound, Jai Shankar Chowk,
HalavPool Road, Kurla(W),
Mumbai-400 070.
....Plaintiff
Versus
Mr. Vaibhav Dinkar Gadhave
of Kurla West Mumbai,
Age: 34years, Occupation:Service,
Employee Code No.000365
Desi: Clerk, having his office address
at Branch/or Work place address at
The Kurla Nagrik Sahkari Bank,
Kurla Branch, Near Bharat Theator,
New Mill Mill Road, Kurla West,
Mumbai-400070. And also having
office address at Office No.321,
Commercial A-Wing, Kohinoor City
Mall, Kirol Road, Kurla West,
Mumbai-70 and having his residence
address at Chawl No.101, Room No.1,
Ganpat Shivaji Jambhale Chawl,
Old Aagra Road, Bhavyawad, Kurla,
West, Mumbai-400 070. ...Defendant
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SUMMARY SUIT NO.950/2019 2
Appearances:-
Advocate Mr.B.S.Patil for the Plaintiff.
Defendants Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 24th FEBRUARY 2020
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.2,45,000/-
(Rupees Two Lakhs Forty Five Thousand Only) with pendente lite and
future interest.
2. According to the plaintiff, in consideration of Rs.2,00,000/-
obtained by the defendant from the plaintiff, the defendant executed
promissory note of same amount on 15.11.2017 in favour of the
plaintiff. By same promissory note the defendant promised to pay to the
plaintiff said amount of Rs.2,00,000 with interest at the rate of 18%
p.a.. However, the defendant failed to pay the said amount to the
plaintiff inspite of demands. Despite legal notice of demand dated
08.05.2018, the defendant failed to pay the said amount. Therefore, the
plaintiff claimed decree for recovery of said amount with pendente lite
and future interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded ex-parte against the Defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:-
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SUMMARY SUIT NO.950/2019 3
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount with interest
as prayed ?
Affirmative
2. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 and 2 :-
5. The plaintiff filed his Evidence Affidavit at Exh.6 and also
produced documents with list Exh.7. The Affidavit and the document as
promissory note dtd.15.11.2017 reveal that the defendant executed said
promissory note for Rs.2,00,000/- in favour of the plaintiff. The
Promissory Note mentions about interest at the rate of 18% p.a..
Despite legal notice dtd.08.05.2018, the defendant failed to pay the
amount to the plaintiff. Thus, the Evidence Affidavit, documents on
record and the circumstance that defendant failed to appear and
contest/challenge the suit, proved the case of the plaintiff. Therefore,
the plaintiff is entitled to recovery of the amount with interest as
prayed. Hence, point No.1 is answered in the Affirmative. In view of
Para-499 of Civil Manual Court fees has to be refunded to the plaintiff,
this being summary suit where the defendant did not appear. In answer
to point No.2 order as follows is passed:-
ORDER
1. The suit is ex-parte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.2,45,000/-
(Rupees Two Lakhs Forty Five Thousand Only) with simple interest at
the rate of 18% p.a. from the date of suit till realization of the amount.
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SUMMARY SUIT NO.950/2019 4
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 24/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 24/02/2020
Signed on : 26/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27/02/2020 ast 2.20p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 24/02/2020
Judgment/Order signed by P.O. on 26/02/2020
Judgment/Order uploaded on 27/02/2020
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