Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.157/2019 1
Received on :04012019
Registered on :24012019
Decided on : 26112019
Duration : 00Y 10M 24D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 157 of 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010002062019)
Mr.Ramesh Haribhau Jadhav
of Mumbai Indian Inhabitant, Age 61 years
Occupation:Retired, having his address at
S.G.Barve Nagar, B.M.C.Colony,
Chawl No.K/14/7,Ghatkopar(W),
Mumbai400 084. ...Plaintiff
Versus
1. Mr.Dhirendra Kumar Umanath Yadav
Partner of Jobs & Jobs Human Resources
And Human Resources Solutions,
of Mumbai, Indian Inhabitant, age not known
Adult, Occupation:Business, Having address
at Flat No.604, 6th floor, Chandivali,
Swapnapurti Coop. Housing Society Ltd.
MHADA Colony, Chandivali,Mumbai400 072.
2. Jobs & Jobs Human Resources,
Room No.1, TCG, Compound Sass Complex,
Khairani Road, Sakinaka, Andheir(E),
near Sakinaka Post office, Mumbai 400 072.
3. Human Resources Solutions
Office No.05, Pipson D'Souza Compound
Opp.St.Anthony Church, Kherani Road,
Sakinaka, Andheri(E), Mumbai 400 072. ….Defendants
Appearances:
Advocate Mr.Rajesh Patil for the Plaintiff.
Defendant Exparte.
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SUMMARY SUIT NO.157/2019 2
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 26TH NOVEMBER 2019
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.2,95,000/
(Rupees Two Lakhs Ninety Five Thousand only) with interest @ 18%
p.a..
2. According to the plaintiff, he is retired person. Through a
common acquaintance he came in contact with defendant No.1.
Defendant No.1 is partner of defendants No.2 and 3. Defendant No.1
represented that he has good contacts in various companies, as well as
government, Semi government offices in Mumbai and he can make
arrangement to provide jobs . The two daughters of the plaintiff were
in need of job. Therefore, the plaintiff approached defendant No.1.
Defendant No.1 undertook to arrange job for plaintiff's two daughters.
He was to take Rs.7,50,000/ for said arrangement. The plaintiff was
required to give 50% of the amount as advance and 50% after getting
job. The plaintiff paid amount of Rs.3,80,000/ as advance to defendant
No.1, in November and December 2017. Receiving said amount,
defendant No.1 promised and assured the plaintiff of securing good job
for his two daughters. However, thereafter there was no response from
the defendant. The plaintiff waited for 2 months and thereafter inquired
with defendant No.1. Defendant No.1 asked for some time. However,
the plaintiff refused to it and asked defendant No.1 to pay back the
amount of Rs.3,80,000/. Defendant No.1 paid amount of Rs.85,000/.
However, defendant No.1 did not pay the balance amount of
Rs.2,95,000/ but issued two cheques each of Rs.1,25,000/ for that
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SUMMARY SUIT NO.157/2019 3
amount. However, the said cheques were not honoured. Thereupon
defendant No.1 executed two declaration cum promissory notes dated
15/05/2018 and 04/07/2018 for Rs.2,95,000/in favour of the plaintiff.
The defendants jointly promised to repay the amount of Rs.2,95,000/
to the plaintiff by executing said promissory notes. However, even
thereafter, defendants did not pay the amount. Therefore, the plaintiff
issued demand notice. Even then, defendants did not pay the amount to
the plaintiff. Therefore, the plaintiff claimed decree for the recovery of
Rs.2,95,000/ with interest @ 18% p.a. Hence, this suit.
3. Despite service of summons, defendants failed to appear.
Therefore, suit proceeded exparte against the defendants.
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:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount with
interest as prayed ?
Yes, from defendant No.1 only.
2. What order and decree? As per final order
REASONS
AS TO POINTS NO.1 AND 2:
5. The plaintiff filed evidence affidavit at Exh.7 and reiterated
contents of the plaint. In brief, he testified that defendant No.1
obtained Rs.3,80,000/ from him assuring arrangement for job for his
two daughters. As defendant No.1 could not arrange for job, plaintiff
asked to pay back the amount. Defendant No.1 paid Rs.85,000/in cash
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SUMMARY SUIT NO.157/2019 4
and issued two cheques for Rs.2,95,000/. However, same cheques were
dishonoured. Thereupon, defendant No.1 executed to declaration cum
promissory notes dated 15/05/2018 and 04/07/2018 for amount of
Rs.2,95,000. Even thereafter, defendants failed to repay the said
amount.
6. The documents produced on behalf of the plaintiff are the
cheques issued by defendant No.1 along with the dishonoured memos.
It reveals that both the cheques issued by defendant No.1 in favour of
the plaintiff were dishonoured. The declaration cumpromissory notes
Exh.11 and 12 reveal that defendant No.1 executed the same and
promised to pay Rs. 2,95,000/ to the plaintiff. Notice of demand along
with the track report reveal that it was served on defendant No.1. Thus,
the oral as well as documentary evidence support the case of the
plaintiff.
7. However, it must be noted that whole role appears to have been
played by defendant No.1. There is no material to show that defendants
No.2 and 3 are in any way involved in the transaction. The cheques
issued by defendant No.1 do not appear to be in the capacity of
defendants No.2 and 3. The promissory notes also do not contain any
reference to defendants No.2 and 3. In these circumstances, defendants
No.2 and 3 do not have any role in the matter. As such, the plaintiff is
entitled to recovery of the amounts prayed with interest from defendant
No.1 only. Hence, point No.1 is answered as that the plaintiff is entitled
to the recovery of amount with interest as prayed from defendant No.1
only and in answer to point No.2 order as follows is passed.
ORDER
1. The suit is exparte decreed with costs as under:
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SUMMARY SUIT NO.157/2019 5
2. Defendant No.1 shall pay to the plaintiff amount of Rs.2,95,000/
(Rupees Two Lakhs Ninety Five Thousand only) with interest at the rate
of 18% p.a. from the date of suit till realization of amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 26/11/2019 City Civil Court,Gr. Mumbai
Dictated on : 26/11/2019
Transcribed on : 28/11/2019
Signed on : 29/11/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
13/12/2019 at 3.00p.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 26/11/2019
Judgment/Order signed by P.O. on 29/11/2019
Judgment/Order uploaded on 13/12/2019
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