Interim Order 1

Order Details: Order below exhibit
Pdf Text: Judgment 1 Summ. Suit No.208/2018
Filed on : 24.01.2018
Registered on : 16.02.2018
Decided on : 04.03.2020.
Duration : Year-02 Month-01 Days-12
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT NO. 34 OF 2020
IN SUMMARY SUIT NO. 208 OF 2018
(CNR NO.MHCC01-001370-2018)
Insta Capital Pvt. Ltd.
Address - 207, Niranjan,
99, Marine Drive,
Mumbai - 400002.
...Plaintiff
V/s.
1. M/s. Jinaam Fashion World
Address: Block A, Building No. G-1051 3,
107 EE, sun Mill Compound,
Opp Dena Bank, Lower Parel,
Mumbai – 400013.
And
B/6, Boomi World, 1&2 Floor,
Bhumi Associate, Village Pimples,
Taluka Bhiwandi, District Thane 421 302.
2. Dharmendra M. Gada,
Age: Adult
Address: F 3401, Red Spring Mills,
G. D. Ambedkar Marg,
Near Wadala Tele Exchange,
Dadar East, Mumbai – 400014.
3. Jitendra Mulji Gada
Age: Adult
Address: F 3401, Red Spring Mills,
G. D. Ambedkar Marg,
Near Wadala Tele Exchange,
Dadar East, Mumbai – 400014. ...defendants
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Judgment 2 Summ. Suit No.208/2018
Appearance:-
Advocate,Kavita Lalwani for the plaintiff.
Advocate, Mahesh Tiwari for defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 04th March, 2020.
ORDER
(Dictated and pronounced in Open Court.)
1. The plaintiff has brought this Summons for Judgment and thereby
directing the defendants No. 1 to 3 to pay amount of Rs.25,25,000/-
with interest @ 18% per annum from the date of the suit till its
realization.
2. Perused the documents on record. Heard advocates of the
plaintiff at the length.
3. The defendants No. 1 to 3 appeared on Summons for Judgment
and filed their respective reply/leave to defend within limitation.
4. The defendants No. 1 to 3 have to prayed for leave to defend on
the following reasons mainly that they have repaid entire amount of
Rs.40,00,000/- to the plaintiff that is Rs.15,00,000/- by cheque and
Rs.25,00,000/- by cash
5. The question as to whether defendants have repaid total amount
of Rs.40,00,000/- to the plaintiff and out of the same question as to
payment of Rs.25,00,000/- payment in cash are triable issues to be
decided one evidence and held to be plausible defence.
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Judgment 3 Summ. Suit No.208/2018
6. This Court neither intend to comment on the merits of the case as
this is not the stage of appreciation of evidence. It becomes necessary to
generally asses this case 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 defendants No. 1 to 3 are liable to pay the
amount of Rs.25,25,000/- to the plaintiff. The defendants No. 1 to 3
have not specifically issuance of the cheque and the signature on the
same.
7. In the opinion of this court, whether the plaintiff is entitled to
recovery of amount as claimed from the defendants No. 1 to 3 are
triable issue in this suit and this issue can not be brushed aside on the
procedure of summary suit.
8. In this background, it is held that defendants No. 1 to 3 have
made out a case to allow him leave to defend this suit. defendants No. 1
to 3 have plausible defence. The defendants No. 1 to 3 should be
allowed conditional leave to defend and However, if the defendants No.
1 to 3 fails to prove the defence, it will have to pay the amount claimed
to the plaintiff, Therefore, in order to curtail the possibility of any relief
from defendants No. 1 to 3 side, this court desire to put the condition
on the defendants No. 1 to 3 to deposit amount of Rs.12,50,000/-.
Which is 50% of principal amount of Rs.25,00,000/-. The said amount
shall be deposited by the defendants No. 1 to 3 within four weeks. In
consequence the Summons for Judgment is liable to be dismissed.
Hence, the following order is passed.
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Judgment 4 Summ. Suit No.208/2018
ORDER
1. Summons for Judgment No. 34 of 2020 is dismissed.
2. defendants No. 1 to 3 are allowed to defend the suit on
the condition they shall deposit amount of
Rs.12,50,000/- and file their written statement within
four weeks from the date of this order.
3. The defendants No. 1 to 3 are granted unconditional
leave to defend and they shall file his written statement
within four weeks within date of this order.
4. Costs in cause.
5. Summons for Judgment No. 34 of 2020 is disposed off
accordingly.
[
(Smt. S.G. Shaikh)
Date : 04.03.2020 Ad-hoc Judge,
City Civil Court, Gr. Bombay.
Dictated on : 04.03.2020
Transcribed on : 04.03.2020
Signed on : 04.03.2020
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Judgment 5 Summ. Suit No.208/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
04.03.2020 5.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 04.03.2020
Order signed by P.O. on 04.03.2020
Order uploaded on 04.03.2020
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