Final Order 1

Order Details: Other
Pdf Text: ..1.. SJ 2/2019 in Sum Suit 160/2018
MHCC010001192019 SJ filed on : 05/07/2018
Registered on : 04/01/2019
Decided on : 09/12/2025
Duration : 07 Y : 05 M : 06 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.2 OF 2019
IN
SUMMARY SUIT NO.160 OF 2018
Roohi Sunil Hegde
Occupation : Service, residing at flat No.9, Jai Indirani
Apartments, CHSL, Chedda Nagar, Chembur,
Mumbai-400089.
]
]
]
] ..Plaintiff
Versus
Naresh Mahableshwar Keni,
Proprietor of Purnima Caterers and Decorators,
Occupation : Business, residing at No.154/A/502,
Kojrolkar CHS, Nehru Nagar, Kurla (East),
Mumbai – 400 024.
]
]
]
]
] ..Defendant
Appearance :-
Ld. Adv. Khushboo Rohra for plaintiff.
Ld. Adv. Santosh Arolkar for defendant.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 09/12/2025.
O R D E R
1) This summary suit is filed for recovery of amount. Defendant has
filed reply to summons for judgment.
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2) According to plaintiff, she and defendant are known to each
other from long time. In the month of May-2014, defendant alongwith
his wife approached plaintiff for loan of Rs.10,00,000/- vide loan
agreement dated 23/05/2014. Plaintiff paid Rs.5,60,000/- by cheque
and Rs.4,40,000/- by cash to the defendant. Defendant agreed to repay
the said loan amount alongwith monthly interest of Rs.40,000/-.
Defendant issued a post dated cheque of Rs.10,00,000/- drawn on Yes
Bank in favour of plaintiff. Defendant paid interest for the month of
May, June and July. In the month of July-2014, defendant again
approached plaintiff for loan of Rs.3,00,000/- vide loan application
dated 12/08/2014. Defendant agreed to pay monthly interest of
Rs.12,000/-. He also issued post dated cheque of Rs.3,00,000/- drawn
on Abhyudaya Bank. Defendant has failed to pay interest for both the
loans. Plaintiff presented the post dated cheques dated 24/03/2017 in
the Bank, but it returned dishonoured with remark “Funds
Insufficient”. The demand notice was issued to defendant. Defendant
did not comply the same. Amount of Rs.21,00,000/- is due from
defendant alongwith interest. Hence, this suit.
3) First summons was served upon the defendant. Accordingly,
defendant appeared in the Suit. Plaintiff took out the summons for
judgment against the defendant. On service of summons for judgment,
defendant filed the reply and applied for unconditional leave of
defence. According to defendant, the loan agreement does not bear the
date. Plaintiff has not produced any document to show payment of
hand loan of Rs.4,40,000/- in cash. Plaintiff has filed this suit on the
basis of fabricated documents. The plaintiff has suppressed material
facts. Plaintiff does not have license to carry on the money lending
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..3.. SJ 2/2019 in Sum Suit 160/2018
business. The plaintiff is carrying on illegal money lending business.
The suit is not maintainable as summary suit. Defendant denied that
he had obtained friendly loan from plaintiff as alleged. He is not liable
to pay the claim amount. He has a good and bonafide defence on
merit. Hence, he is entitled for unconditional leave to defend.
4) Heard the arguments. In view of aforesaid facts, following points
arise for my determination. I have recorded my decisions thereon for
the reasons as under :
Sr.
No.
POINTS DECISIONS
1. Whether defendant is entitled for leave to
defend ? No
2. What order ? As per final order.
R E A S O N S
AS TO POINT NOS.1 & 2 :
5) Plaintiff has contended that she and defendant are known to
each other from long time. In the month of May-2014, defendant
alongwith his wife approached plaintiff for loan of Rs.10,00,000/- vide
loan agreement dated 23/05/2014. Plaintiff paid Rs.5,60,000/- by
cheque and Rs.4,40,000/- by cash to the defendant. Defendant agreed
to repay the said loan amount alongwith monthly interest of
Rs.40,000/-. Defendant issued a post dated cheque of Rs.10,00,000/-
drawn on Yes Bank in favour of plaintiff. Defendant paid interest for
the month of May, June and July. In the month of July-2014,
defendant again approached plaintiff for loan of Rs.3,00,000/- vide
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..4.. SJ 2/2019 in Sum Suit 160/2018
loan application dated 12/08/2014. Defendant agreed to pay monthly
interest of Rs.12,000/-. He also issued post dated cheque of
Rs.3,00,000/- drawn on Abhyudaya Bank. Defendant has failed to pay
interest for both the loans. Plaintiff presented the post dated cheques
dated 24/03/2017 in the Bank, but it returned dishonoured with
remark “Funds Insufficient”. The demand notice was issued to
defendant. Defendant did not comply the same.
6) The plaintiff alongwith his plaint has produced the documents
like copies of loan agreement and cheques alongwith notice and reply
filed by the defendant. On perusal of the loan agreement, it seems that
plaintiff had advanced loan amount to the defendant. During the
course of hearing on summons for judgment, plaintiff and defendant
have arrived at the settlement and filed the consent terms vide Exh-12,
wherein the defendant had agreed to pay amount of Rs.9,00,000/- to
the plaintiff by way of monthly installments of Rs.25,000/-. The terms
have been notarized before the Notary Advocate. The contents have
been verified from the file. Therefore, in view of the terms agreed by
the parties, in my view, the summon for judgment can be made
absolute. Defendant is not entitled for leave to defend. Hence, while
answering point No. in Negative, I pass the following order :
ORDER
1. Summons for Judgment No.2 of 2019 is made
absolute in following terms.
2. Summary Suit No.160 of 2018 is decreed in terms of
Consent Terms produced at Exh-12.
3. Parties to bear their own costs.
4. Decree be drawn accordingly.
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5. Summary Suit No.160 of 2018 and Summons for
Judgment No.2 of 2019 are disposed of accordingly.
(Order dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 09/12/2025.
Dictated and typed on : 09/12/2025.
Signed by HHJ on : 09/12/2025.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer10/12/2025 05.30 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
09/12/2025
JUDGMENT / ORDER signed by P.O.
on
09/12/2025
JUDGMENT / ORDER uploaded on 10/12/2025
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