Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Summary Suit No. 371/19. 1 Ex-parte Judgment (Exh.10).
MHCC010015682019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMARY SUIT NO. 371 OF 2019
EXHIBIT NO.10.
M/s. Maruti Courier Services Pvt. Ltd. )
A Company registered under the )
Company Act 1956, through )
Regional Manager )
Mr. Ranabhai S. Kodiyatar )
Aged about 48 years, Occ-Service )
Adult Indian Inhabitant of Mumbai )
Having Address at )
Shop No.11, Parshmani Commercial )
Complex, MMGS Marg, Naigaon Cross )
Road, Dadar East, Mumbai-400014 )
Mob. No. 9594299099 )...Plaintiff
Versus
Mrs. Kusum Ashok Patil )
Aged about 65 years, Occ- not known )
Adult Indian Inhabitant of Mumbai )
having address at )
Patil Niwas, Sainath Nagar, )
Behind Anand Talkies, Kopri Colony, )
Thane East, Thane-400603 )...Defendant
Smt. Shivani Prasad h/f Shri Vijay Singh, Advocate for the plaintiff.
None for the defendant (ex-parte).
CORAM : HIS HONOUR JUDGE SHRI S.D.KULKARNI.
(COURT ROOM NO.66).
DATE : 2nd AUGUST, 2023.
-- 1 of 5 --
Summary Suit No. 371/19. 2 Ex-parte Judgment (Exh.10).
SUIT FOR RECOVERY OF MONEY
JUDGMENT
(Delivered on 2nd August, 2023)
1. This is a suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :-
Plaintiff is a private limited company registered under the
Company Act 1956. Leave And License Agreement dated 13/04/2015
had been executed and entered into between the defendant who is the
landlady of the license premises i.e. Shop No.1, Patil Niwas, Sainath
Nagar, Behind Anand Talkies, Kopri Colony, Thane East, Thane-400603
as a Licensor and the plaintiff through its Manager Mr. Ranabhai
Kodiyatar as the Licensee. The plaintiff has paid a sum of Rs.1,25,000/-
as a Refundable Security Deposit to the defendant vide Cheque No.
237568 dated 08/04/2015 drawn on Axis Bank Ltd., Vejalpur,
Ahmedabad Branch and the receipt of the same is duly signed and
acknowledged by the defendant. After the expiry of the leave and
license period, the plaintiff sent the defendant a letter dated
03/02/2018 intimating the defendant the plaintiff’s intentions to vacate
the leave and license premises and thereafter the plaintiff vacated and
handover peaceful possession of the licensed premises to the defendant
and at the same time requested the defendant to return back the
refundable security deposit. The defendant deliberately avoided
refunding the refundable security deposit of Rs.1,25,000/-. Thereafter
the plaintiff had sent a legal notice dated 25/08/2018 to the defendant
for the refund of the security deposit, but the defendant again failed to
comply her part of duty and has not paid a single penny towards the
said Refundable Security Deposit. Therefore, the plaintiff filed the suit
-- 2 of 5 --
Summary Suit No. 371/19. 3 Ex-parte Judgment (Exh.10).
for recovery of refundable security deposit amount from the defendant
alongwith interest at the rate of 18% p.a.
3. Defendant was duly served with writ of summons as per
acknowledgement annexed with affidavit of service Exh.5, but she
failed to appear in the matter. Therefore, my predecessor passed order
on 07/01/2023 that suit to proceed ex-parte against defendant.
4. On hearing advocate for plaintiff and perusing documents
filed on record, following points arose for my determination alongwith
my findings thereon for the reasons enumerated below :
SR.NO. POINTS FINDINGS
1. Do the plaintiff prove that they are
entitled to recover amount of
Rs.1,25,000/- with interest at the rate
of 18% p.a. from the defendant ?
In the Affirmative.
With interest at the
rate of 10% p.a.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is decreed.
REASONS
AS TO POINT NOS.1 AND 2 :
5. The plaintiff has filed the evidence affidavit at Exh.6. He
has also filed the following documents on record with list of documents
at Exh.7.
Sr.No. List of Documents
1 Original Board Resolution dated 14/11/2018.
2 Office copy of Leave and License agreement dated 13/04/2015
(xerox).
3 Office copy of Leave and License agreement dated 28/04/2016
(xerox).
-- 3 of 5 --
Summary Suit No. 371/19. 4 Ex-parte Judgment (Exh.10).
4 Office copy of Leave and License agreement dated 27/02/2017
(xerox).
5 Copy of Cheque No. 237568, dated 08/04/2015 drawn on Axis
Bank Ltd. (xerox).
6 Original Bank Statement of M/s. Shree Maruti Courier Services
Pvt. Ltd.
7 Office copy of the letter dated 03/02/2018 (xerox).
8 Office copy of the notice dated 10/05/2018 (xerox).
9 Office copy of legal notice dated 25/08/2018 (xerox).
10 Xerox Postal Receipt dated 04/09/2018.
6. The contention of the plaintiff in the plaint and documents
filed remained unchallenged. Thus, plaintiff sufficiently proved that
they have executed and entered into Leave and License Agreement with
the defendant in respect of licensed premises on 13/04/2015.
Thereafter the agreement was renewed time to time. They paid
Refundable Security Deposit of Rs.1,25,000/- to the defendant vide
Cheque No. 237568 dated 08/04/2015 drawn on Axis Bank Ltd.,
Vejalpur, Ahmedabad Branch. But after vacating and handing over
peaceful possession of the licensed premises, the defendant failed to
refund the security deposit to the plaintiff. Therefore, certainly the
plaintiff is entitled to recover the said amount from the defendant.
7. It is a matter of record that the transaction in between the
parties is commercial transaction. But there is no agreement in respect
of interest payable by defendant. Therefore, plaintiff is entitled for the
interest at the rate of 10% p.a. from the date of filing of the suit till
realization. Therefore, there is no ground to disbelieve the contention of
the plaintiff and documents filed on record. I answer point nos.1 and 2
accordingly and pass the following order :
- ORDER -
1. Summary Suit No. 371/2019 is decreed.
-- 4 of 5 --
Summary Suit No. 371/19. 5 Ex-parte Judgment (Exh.10).
2. The defendant is directed to pay amount of Rs.1,25,000/-
(Rupees One Lakh Twenty-five Thousand Only) to the plaintiff with
interest at the rate of 10% p.a. from the date of filing of the suit till the
date of realization within three months from the date of decree.
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
(S.D.KULKARNI)
Judge,
City Civil Court,
(Court Room No.66)
Date : 02/08/2023. Mumbai.
1. Dictated online on : 02/08/2023.
2. Placed for correction on : 05/08/2023.
3. Checked on : 08/08/2023.
4. Correction carried on : 10/08/2023.
5. Signed on : 10/08/2023.
6. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/08/2023. 6.12 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri S.D.Kulkarni.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 02/08/2023.
Judgment/Order signed by P.O. on 10/08/2023.
Judgment/Order uploaded on 11/08/2023.
-- 5 of 5 --