Final Order 1

Order Details: Other
Pdf Text: ..1.. Summary for Judgment No.30/2019
MHCC010007702019 Presented on : 22/01/2019
Registered on : 22/01/2019
Decided on : 16/07/2024
Duration : 05Y 05M 26D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.30 OF 2019
(CNR NO.MHCC01-000770-2019)
IN
SUMMARY SUIT NO.1170 OF 2018
MANISH JAGDISH CHHEDA
Occ : Business, Residing at 10, Mayfair Building,
3rd floor, V. N. Road, Churchgate, Mumbai – 400 020.
]
]
] ...Plaintiff
VERSUS
AD Enterprise, proprietary firm,
Through proprietor Ajit Dedhia, having office at
A-03, Sita Park, SVP Road opposite, Bhagwati
Hospital, Borivali (West), Mumbai – 400 103.
]
]
]
] ..Defendant
Appearance :-
Learned Advocate Gargi Maideo instructed by Deven Dwarkadas and
Partners for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 16/07/2024.
O R D E R
1 This summary suit is filed for recovery of amount
contending that plaintiff is carrying on business of Real Estate agent
-- 1 of 5 --
..2.. Summary for Judgment No.30/2019
and the defendant is engaged in the business of Textiles having office
at Dadar. It is further contended that the proprietor of defendant Mr.
Kanji V. Gada approached to the plaintiff for financial assistance,
therefore, plaintiff has advanced Rs.5,00,000/- as loan to the
defendant for a period of 6 months. Defendant agreed to pay interest
at the rate of 1% per month. Defendant executed promissory note on
01/07/2016 and availed the loan facility, but did not repay as agreed.
Plaintiff tried to contact the proprietor of defendant Firm on several
occasions, but in vain. Therefore, plaintiff issued notice through
advocate and on failure on the part of defendant Firm to pay the
amount of loan alongwith interest, plaintiff filed instant suit for
recovery of amount and calculated the claim to Rs.5,30,000/-.
2 In response to the writ of summons, defendant appeared.
Plaintiff took out summons for judgment and served it upon defendant,
but defendant Firm failed to file reply to instant summons for
judgment, hence, summons for judgment is proceeded further without
reply.
3 Plaintiff tendered his affidavit of claim (Exhibit-05)
alongwith documents (Exhibit-07 to 10) as per list (Exhibit-06). Heard
learned advocate for plaintiff.
4 The evidence adduced by the plaintiff remain
unchallenged. It reveals from the record that plaintiff has filed the
promissory note dated 01/07/2016 (Exhibit-07). It bears the signature
of proprietor Kanji V. Gada and rubber stamp of defendant firm.
Inconsequence of failure to pay the amount, the plaintiff has issued
-- 2 of 5 --
..3.. Summary for Judgment No.30/2019
legal notice (Exhibit-08) dated 30/06/2018, calling upon the
defendant to pay the amount of Rs.5,00,000/-, but in vain. Thus, the
plaintiff is entitled for recovery of amount of Rs.5,00,000/-.
5 The absence and omission on the part of the defendant to
proceed with the suit and to raise defence shows that the defendant
has no good defence to challenge the claim of plaintiff and as per the
provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure,
plaintiff is entitled for decree of amount of Rs.5,00,000/-.
6 So far as rate of interest is concerned, the plaintiff is
claiming interest at the rate of 1% per month from the defendant,
however, I am of the view that it is an exorbitant rate of interest. No
doubt the plaintiff has suffered loss in business and profit, due to
failure to repay the amount by the defendant. Had it been paid to the
plaintiff as per demand, he would have invested and would have
earned profit therefrom. Therefore, I am of the view that the plaintiff is
entitled for interest at the rate of 9% per annum from the date of
default i.e. 01/07/2016, till its full realisation.
7 As the defendant has made plaintiff constrained to file the
suit, it is also liable to pay the costs. In the result, I proceed to pass the
following order :-
ORDER
1. Summons for Judgment No.30 of 2019 in Summary
Suit No.1170 of 2018, is hereby allowed.
2. Summary Suit No.1170 of 2018, stands partly
decreed with costs.
-- 3 of 5 --
..4.. Summary for Judgment No.30/2019
3. Defendant is directed to pay the plaintiff a sum of
Rs.5,00,000/- alongwith interest at the rate of 9% per
annum from the date of default i.e. 01/07/2016, till
its full realisation.
4. Decree be drawn up accordingly.
5. Court fees, if any, be refunded as per rule.
6. Summons for Judgment disposed of accordingly.
(Order dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 16/07/2024.
Dictated and typed on : 16/07/2024.
Signed by HHJ on : 18/07/2024.
-- 4 of 5 --
..5.. Summary for Judgment No.30/2019
“Certified to be true and correct copy of the original signed order”.
20/07/2024
at about 05.00 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 16/07/2024
Order signed by Hon'ble Judge on : 18/07/2024
Order uploaded on : 20/07/2024
at about 05.00 p.m.
-- 5 of 5 --