Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment Exh.9 1 Sum .Suit 1257/19
MHCC010119052019
Presented on : 21-11-2019
Registered on : 16-12-2019
Decided on : 01.03.2021
Duration : 1 year 3 months 8 days
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1257 OF 2019
Mr. Santosh Nagurao Gadge
of Mumbai an adult Indian
Inhabitant aged 27 years,
Occupation : Business at Room
No. 4, N.M.Gadge Chawl,
Makadwala Compound, Jai Shankar
Chowk, Halavpool Road, Kurla West,
Mumbai - 400 070. ...Plaintiff.
V/s.
Mr. Mayur Madhukar Jadhav
of Bandra West Mumbai, an adult,
Indian Inhabitant, aged about 35 years,
occupation : Service, having his office
address at Central Railway Loco
Workshop, Helper Department,
Employee No. 00998904, Parel, Mumbai -
400 012.and also having his residence
address at Building No. RBI/120, Room
No. 9, Railway Colony, Kurla East
Mumbai - 4000 … Defendant.
Appearances: Ld. Adv. Mr. Balbheem Patil for the plaintiff
Ex-parte against the defendant.
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Judgment Exh.9 2 Sum .Suit 1257/19
CORAM : HIS HONOUR AD-HOC JUDGE
DEEPAK L. BHAGWAT
(C.R. NO. 28)
DATE : 1st MARCH, 2021
J U D G M E N T
1. This is Summary Suit for recovery of amount of
Rs.3,00,000/- (Rupees Three lakh Only) with pendente lite and future
interest.
2. According to the plaintiff, on the request of defendant the
plaintiff given him financial assistance of Rs.3,00,000/- on 15.11.2017
without interest. Against the same financial assistance, the defendant
executed a promissory note of Rs.3,00,000/- on same date in favour of
the plaintiff. The defendant promised to pay the same amount to the
plaintiff without interest but failed to pay the same amount. The
defendant did not honour the promissory note. Therefore, plaintiff
issued notice of demand dtd.08.05.2018. However, the defendants
failed to pay the amount. Therefore, the plaintiff claimed decree for
recovery of said amount with 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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Judgment Exh.9 3 Sum .Suit 1257/19
Sr. No. POINTS FINDINGS
1. Whether the plaintiff is entitled to recovery
of the amount as prayed ? Affirmative.
2. At what rate of pendente lite and future
interest ?
9% p.a.
3 What order & decree? As per final order
R E A S O N S
AS TO POINTS NO.1 to 3 :-
5. The plaintiff filed his Chief Examination Affidavit at Exh.6
and also produced documents with list Exh.7. The testimony of the
plaintiff speaks that he had provided financial assistance of
Rs.3,00,000/- to the defendant. The defendant issued promissory
note in his favour on 15.11.2017. However, failed to honour the
same. The documents below list Exh.7 are the promissory note
dtd.15.11.2017 which reveals that the defendant executed the
same in favour of the plaintiff for Rs.3,00,000/-. Thus, the
unchallenged evidence on record prove that the defendant had
issued the promissory note of Rs.3,00,000/- in favour of the
plaintiff but failed to honour the same. Therefore, the plaintiff is
entitled to recovery of the said amount. Regarding pendente lite
and future interest it is just and proper to grant the same at the rate
of 9 % p.a.. Hence, point No.1 is answered in the Affirmative and
point No.2 is answered as 9% p.a.. 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.3 order as follows is passed:-
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Judgment Exh.9 4 Sum .Suit 1257/19
ORDER
1. The suit is ex-parte decreed with costs as under.
2. The Defendant shall pay to the plaintiff amount of Rs.3,00,000/-
(Rupees Three lakhs Only) with simple interest at the rate of 9% p.a. on
principal amount of Rs.3,00,000/- from the date of suit till realization
of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-hoc Judge,
City Civil Court, Mumbai
Date: 01.03.2021
Dictated on : 01.03.2021
Transcribed on : 02.03.2021
Date of sign : 03.03.2021
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Judgment Exh.9 5 Sum .Suit 1257/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 03.03.2021 3.10 p.m.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri.D.L.Bhagwat
(C.R.NO.28)
Date of Pronouncement of
JUDGMENT /ORDER
01.03.2021
JUDGMENT /ORDER signed by P.O. on 03.03.2021
JUDGMENT /ORDER uploaded on 03.03.2021
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