Final Order 1

Order Details: Other
Pdf Text: MHCC010009882018
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
SUMMONS FOR JUDGMENT NO. 13 OF 2018
IN
SUMMARY SUIT NO.729 OF 2017
M/s. Standard Steel Sales
A registered partnership firm,
having its registered office at 127/A,
Magazine Street, Darukhana,
Mazgaon, Mumbai-400 010.
Through its partner by name
Sunil Pawankumar Jain ...Plaintiff
Vs.
Kunal Navin Mehta
age:- not known, occupation: Business,
proprietor of M/s. Kunal Steel Co.
having its address at D-101, Viskita Nagar,
Vidhya Mandir Road, Dahisar (East),
Mumbai-400 068 ….Defendant.
Appearance:-
Adv. Mr.Paras N. Vira for the Plaintiff.
Adv. Mr. S. K. Dubey for the Defendant.
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CORAM :- HER HONOUR JUDGE
SMT. S. G. SHAIKH
CITY CIVIL COURT,
GR.MUMBAI (C.R.NO.59)
DATE :- 23/03/2021
ORDER
(Dictated and pronounced in Open Court.)
1. The plaintiff has brought this Summons for Judgment and
thereby directing the defendants to pay amount of Rs.8,33,307/- with
interest @ 12% per annum from the date of the suit till its realization.
2. Perused the documents on record. Heard advocates of the
parties at the length.
3. The defendant appeared on Summons for Judgment and
filed reply/ leave to defend within limitation on the principal reason
that:-
i) that delivery challans and invoices are bogus.
ii) that the amount mentioned in letter dated 23.03.2016 is
pertaining to the adjustment of the income tax.
That the defendant is not liable to pay the alleged amount
to the plaintiff.
4. The question as to whether the suit claim is time barred, as
to whether the delivery challans and invoices are bogus, and question as
to whether the amount of Rs.9,00,000/- mentioned in letter dated
26.03.2016 is pertaining to the adjustment of income tax, leads
inference that the defendant has probable defence. On going through
the record of the suit and documents of contract to decide it is
necessary to record evidence to decide the above defences. The Court
has assessed the evidence on the proof to be adduced by the defendant.
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5. This Court neither intend to comment on the merits of the
case as this is not the stage of appreciation of evidence. But this case
being a case based on contract, it becomes necessary to generally assess
the strength of contract on the basis of documents on the test of basis
laws. It is also necessary to adjudicate the case on the basis of evidence
as to find out as to whether defendant is liable to pay the amount claim
by the plaintiff or not.
6. In the opinion of this court, whether the plaintiff is entitled
to recovery of amount as claimed is the triable issue in this suit and this
issue can not be brushed aside on the procedure of summary suit.
7. In this background, it is held that defendant has made out a
case to allow him to leave to defend this suit. Defendant has plausible
defence. Therefore, the defendant should be allowed leave to defend.
However, if the defendant fails to prove the defence, he will have to pay
the amount claimed to the plaintiff. The principal amount comes around
Rs.8,33,307/-. Therefore, in order to curtail the possibility of any relief
from defendant's side, this court desire to put the condition on the
defendant to deposit 50% of principal amount of Rs.8,33,307/- which
comes around Rs.4,16,553/-. The said amount shall be deposited by the
defendant within four weeks In consequence the Summons for
Judgment is liable to be dismissed. Hence, the following order is
passed.
ORDER
1. Summons for Judgment No.13/2018 is dismissed.
2. Defendant is allowed to defend the suit on the condition that he
shall deposit amount of Rs.4,16,553/- within four weeks
from today and file her written statement.
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3. Costs in cause.
4. Summons for Judgment No.13/2018 is disposed off accordingly.
(S.G. Shaikh)
Date : 23/03/2021 Judge, City Civil Court
Gr. Mumbai
Dictated on :23/03/2021
Typed on :23/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24/03/2021 12.20 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
23/03/2021
JUDGMENT/ORDER signed by
P.O.on
24/03/2021
JUDGMENT/ORDER uploaded on 24/03/2021
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