Final Order 1

Order Details: Other
Pdf Text: :1: S.J. No.32/2019 in Summary Suit No.433/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMONS FOR JUDGMENT NO. 32 OF 2019
CNR NO.: MHCC010007932019
IN
SUMMARY SUIT NO. 433 OF 2018
Smt. Jarina Anwar Mulla having her
addressed at B/15, Bhagirathi Villa,
Amrut Nagar, Ghatkopar (W), Mumbai
400 086 through her Constituted
Attorney Mohammad Usman Umer
Khan aged 73 years. ...Plaintiff
Versus
Mrs. Sabeena Mujjam Mulla, Adult,
Indian Inhabitant C/o Safiya
Abubqaker Wagle, Room No.201, Blue
Heaven Complex, Sector – 35, Plot No.
8A, Kamothe – 410 209, Navi Mumbai. ...Defendant.
Appearances:
Advocate Mr. P.S. Patil for the plaintiff.
None for the defendant.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 29th JUNE, 2019.
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:2: S.J. No.32/2019 in Summary Suit No.433/2018
O R A L O R D E R
Story of plaintiff in short is as under :
1. Plaintiff has stated that she is a Muslim widow, governed by
Muslim Law and residing at the address mentioned in the cause title of
the plaint. The present suit has been filed by Mr. Mohammed Usman
Umer Khan who is personally conversant with the facts of the case and
by virtue of Special Power of Attorney dated 22.01.2018 executed by
the her in his favour due to her old age.
2. Plaintiff has further stated that the said Notice dated 11.11.2017
is posted by R.P.A.D. on 13.11.2017 and it is evident from the A.D.
Card, same was received by the defendant. The defendant has replied to
this Notice of 24.11.2017 inter alia denied the aforesaid contention of
her on the false and frivolous grounds as she has never involved being
the housewife in any of the monetary transactions during the life time
of her deceased husband and after the death of her husband and
therefore, the defendant refused to make payment of Rs.5,49,500/ to
her as demanded in her notice dated 11.11.2017.
3. Plaintiff has further stated that in the said reply dated
24.11.2017, the defendant has made counter allegation that the whole
cause to issue this notice is to avoid the liability of repayment of
insurance amount received in her account in respect of death of her
husband as the insurance company have granted the benefits to the said
deceased after his death in terms of insurance mediclaim known as
TATA AIG and it is alleged in the said reply that the said amount of
Rs.3,00,000/ have been withdrawn by her from the said joint account
standing in her name and said Mr. Mujjam Anwar Mulla. Therefore,
plaintiff filed this suit.
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:3: S.J. No.32/2019 in Summary Suit No.433/2018
4. Defendant appeared in the suit. Thereafter, plaintiff has taken out
this Summons for Judgment against defendant. It appears defendant
failed to file reply or file application for leave to defend to Summons for
Judgment. Therefore, plaintiff is entitled to get judgment and decree as
per Order XXXVII Rule (3) subrule 6, sub rule (a) of the Code of Civil
Procedure, 1908. Plaintiff has adduced all the corroborating documents
which are original Special Power of Attorney, original Bank Statement
of Account No.04061000024008 maintained with HDFC Bank by the
plaintiff, Original Bank Statement of Saving A/c. No.002601500277 of
ICICI Bank of the plaintiff, Original copy of Notice dated 11.11.2017
with original Postal receipt and original A.D. Card, Original reply dated
24.11.2017 and original copy of rejoinder of plaintiff dated 08.12.2017
with original postal receipt and original A.D. Card supporting her
allegations in the plaint. Defendant has failed to deny or file application
for leave to defend. Therefore, plaintiff has satisfactorily shown that she
is entitled to get sum of Rs.56,500/ from defendant.
5. It appears that as per Section 34 of the Code of Civil Procedure, it
will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.56,500/ from the date of filing of the suit till its
realisation. Hence, following Order:
ORDER
1. Summons for Judgment No.32/2019 is made absolute.
2. It is hereby ordered and decreed that :
(i) Defendant is directed to pay sum of Rs.56,500/ to plaintiff
alongwith interest @ 9% p.a. on the sum of Rs.56,500/ from the
date filing of the suit till its realisation.
(ii) Defendant shall bear the cost of plaintiff at her own.
(iii) Plaintiff is entitled for refund of Court fee as per rules.
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:4: S.J. No.32/2019 in Summary Suit No.433/2018
(iv) Decree be drawn accordingly.
(v) Summary Suit No.433/2018 is disposed of.
(S.P. AGARWAL)
Judge,
Date: 29.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 29.06.2019
Transcribed on : 29.06.2019
Signed on : 29.06.2019
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:5: S.J. No.32/2019 in Summary Suit No.433/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10.07.2019 At 12:01 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
29.06.2019
Judgment/Order signed by P.O. on 29.06.2019
Judgment/Order uploaded on 10.07.2019
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