Final Order 1

Order Details: Other
Pdf Text: ..1.. Summary for Judgment No.19/2018
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MHCC010013942018 Presented on : 25/01/2018
Registered on : 25/01/2018
Decided on : 04/10/2024
Duration : 06Y 08M 11D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.19 OF 2018
(CNR NO.MHCC01-001394-2018)
IN
SUMMARY SUIT NO.1431 OF 2017
Khan Mahammed Umer, an Indian
Muslim, Occ. Business, residing at 317,
Lokhandwala Bldg., 2nd floor, D/42 Arab Lane,
Grant Road (East), Mumbai 400 008.
]
]
]
] ...Plaintiff
Versus
Swapneel R. Rane, an adult Indian,
Occ. Business, carrying on business in the name
and style of Majestic Associates as its Sole
Proprietor, having offices at : Shop No.42, Vasant
Marvel Glory, Opp. Annex Mall, Western Express,
Borivali (West), Mumbai – 400 056.
]
]
]
]
]
] ..Defendant
Appearance :-
Learned Advocate Surin Usgaonkar for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 04/10/2024.
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..2.. Summary for Judgment No.19/2018
O R D E R
1 This summary suit is filed for recovery of amount
contending that defendant is a sole proprietor and carrying on business
in the name and style “Majestic Associates”. It is the case of plaintiff
that after reading an advertisement published in a news paper dated
23/03/2016, plaintiff contacted defendant, who explained plaintiff
that they trade in pre-used cars and car scrap. After meeting with the
defendant, plaintiff invested the amount of Rs.19,45,000/- to the
account of defendant through RTGS and/or NEFT between
20/04/2016 to 16/09/2016.
2 It is further stated by plaintiff that on December-2016, he
received a Notice of Termination of Business Partnership Agreement
dated 15/12/2016, wherein it was stated that due to Government
policies it was not possible to go further in the business alongwith two
cheques dated 20/01/2017 of Rs.17,45,000/- and 25/01/2017 of
Rs.8,30,000/- as full and final settlement. Upon presentation, said
cheques were returned by the bank as “Unpaid” with remark “Payment
is stopped by the drawer”. Hence, plaintiff issued notice through
advocate on 26/07/2017 for payment to which the defendant replied
on 16/08/2017, expressing their intention to settle the matter, but in
vain. Consequently, plaintiff was constrained to file the suit.
3 In response to the writ of summons, defendants appeared.
Thereafter, plaintiff has taken out instant summons for judgment for
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..3.. Summary for Judgment No.19/2018
passing decree in its favour. The summons for judgment was served
upon defendant, but he failed to file reply within stipulated period.
Hence, summons for judgment is proceeded further.
4 Heard learned advocate for plaintiff. The plaintiff has
tendered documents as per the list (Exhibit-05). Plaintiff has filed
original receipts issued by bank, notice of termination of partnership
alongwith original returned cheques with return memos. Plaintiff has
also filed notice dated 26/07/2017 alongwith reply of defendant dated
16/08/2017. Thus, I am of the view that the case of plaintiff is
probable and in absence of reply by the defendant to summons for
judgment, there is no reason to disbelieve the case of plaintiff.
Therefore, defendant is liable to pay the amount of Rs.25,75,000/-
under the cheque.
5 The 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 3(6)(a) of the Code of Civil Procedure, plaintiff is
entitled for decree of amount of Rs.25,75,000/-.
6 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summons for Judgment No.19 of 2018 in Summary
Suit No.1431 of 2017, is hereby allowed.
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..4.. Summary for Judgment No.19/2018
2. Summary Suit No.1431 of 2017, stands partly
decreed with costs.
3. Defendant is directed to pay the plaintiff a sum of
Rs.25,75,000/- within two months from the date of
this order, failure to which the amount shall carry
interest at the rate of 9% per annum from the date of
filing of suit, 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: 04/10/2024.
Dictated and typed on : 04/10/2024.
Draft checked on : 04/10/2024.
Signed by HHJ on : 05/10/2024.
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..5.. Summary for Judgment No.19/2018
“Certified to be true and correct copy of the original signed order”.
05/10/2024
at about 5.30 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 : 04/10/2024
Order signed by Hon'ble Judge on : 05/10/2024
Order uploaded on : 05/10/2024
at about 5.30 p.m.
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