Final Order 1

Order Details: Copy of Judgment
Pdf Text: Sum.S.No.12952019 1
Exh
Lodged on : 22/11/2019
Decided on : 29/06/2022
Duration on: 02Ys.07Ms.07Ds.
MHCC010120082019
IN THE CITY CIVIL COURT AT BOMBAY
Summary Suit No.1295 of 2019
Manohar Khandu Kalbhor
age 45 years, Carrying on
business at Patra Chawl,
Near Gujrathi School, Subhash
Nagar, New Mill Road, Kurla(W),
Mumbai400 070 .. Plaintiff
Vs.
Pravin Pandurang Tambe adult
working for gain with Municipal
Office, Abattoir, Dept. GMDA
E.C.No.4261852 P.C.No.6252
Devnar,Govandi,Mumbai400 043
and residing at 20/315, Shivshahi
Punarvasan Prakalp, Maharashtra
Nagar, Mankhurd,Mumbai400 088 ..Defendant
Appearance:
Ld.Counsel Rajesh M.Patil for plaintiff.
None for defendant.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 29th June, 2022 C.R.NO.15
EXPARTE JUDGMENT
This is Summary Suit for recovery of amount under
dishonoured demand promissory note.
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The facts in brief are as follows.
2. On 10/05/2018 the plaintiff had advanced which was to
be repaid with interest at the rate of 18% p.a. The defendant
had executed demand promissory note and promised to pay
amount. When plaintiff demanded the amount and presented
the promissory note, the defendant failed to repay the amount
and dishonoured demand promissory note. Hence, this suit is
filed for recovery of amount of Rs.2,95,000/ with interest.
3. Summons were served upon the defendant. As per the
order dtd.03/01/2022 the suit was ordered to proceed exparte
against defendant. The suit to proceed exparte against
defendant. The plaintiff is relying upon claim affidavit, demand
promissory note Exh7 and notice of demand Exh8.
4. As the suit is proceeded exparte, the averments in the suit
and evidence have gone unchallenged. Ongoing through the
unchallenged evidence it precipitates that plaintiff is holding
money lending license and advance sum of Rs.2,50,000/ which
was to be repaid with interest at the rate of 18% p.a. and despite
the demand notice the plaintiff did not pay an amount and
dishonoured promissory note. As the matter is proceeded
exparte there is no impediment is relied upon the sole testimony
of plaintiff and documents on record. The demand promissory
note was agreed to be paid with interest at the rate of 18% p.a.
As the plaintiff is entitled to recover the said amount with
interest @ 9% p.a. from 24/8/2019. Hence, following order is
passed.
ORDER
1. Suit is decreed with costs.
2. The defendant shall pay an amount of Rs.2,50,000/ to
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the plaintiff with interest at the rate of 9% p.a.from
24/8/2019 till realization of the amount.
3. Decree be drawn up accordingly.
Date : 29/06/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 29/06/2022
Transcribed on : 30/06/2022
HHJ Signed on :
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/06/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
29/06/2022
JUDGMENT/ORDER signed by P.O.
on
30/06/2022
JUDGMENT/ORDER uploaded on 30/06/2022
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