Final Order 1

Order Details: Other
Pdf Text: MHCC010018532020
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
SUMMONS FOR JUDGMENT NO. 28 OF 2020
IN
SUMMARY SUIT NO. 198 OF 2019
Sherwali Nadar Khan
Age 39 years, of Mumbai an adult
Indian inhabitant having his address
at Room No.9, Ground Floor,
62-66, Husseni Building, 2nd floor,
Peer Khan Street, Nagpada, Mumbai Central
Mumbai-400 008. ...Plaintiff
Vs.
Anil Vasant Chavan
Age not known of Mumbai, an adult Indian
inhabitant, working for gain with Godrej & Boyce
MFG.Co.Ltd. Plant No.4, Metal Forming Vikhroli East
Mumbai-400 079. And residing at X 28/8, Godrej
Colony Station Side Vikhroli East Mumbai-400 079 ….Defendants.
Appearance:-
Adv. Mr. Ramesh Jain for the Plaintiff.
Adv. Ms. Usha N Dupargude for the Defendant.
CORAM :- HER HONOUR JUDGE
SMT. S. G. SHAIKH
CITY CIVIL COURT,
GR. MUMBAI (C.R.NO.61)
DATE :- 17/08/2021
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2 SJ 28/2020 Sum. Suit No.198/2019
ORDER
(Dictated and pronounced in Open Court.)
1. The plaintiff has brought this Summons for Judgment and
thereby directing the defendant to pay amount of Rs.1,05,178.08ps with
interest @ 18% per annum on the principal amount of Rs.1,00,000/-
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 defendants appeared on Summons for Judgment and
filed reply/ leave to defend. He stated that he is ready to deposit
amount of Rs. 40,000/- for defending the suit. The defendant submitted
that on depositing of Rs.40,000/- he may kindly be granted permission
to defend the suit.
4. 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. The defendant is ready to deposit amount of Rs.40,000/- for
seeking leave to defend and advocate for the plaintiff also agreed for
the same.
5. In this background, it is held that defendant is entitled to
leave to defend this suit. 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 amount of Rs.40,000/-. The said amount
shall be deposited by the defendant within two weeks. In consequence
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3 SJ 28/2020 Sum. Suit No.198/2019
the Summons for Judgment is liable to be dismissed. Hence, the
following order is passed.
ORDER
1. Summons for Judgment No.28/2020 is dismissed.
2. Defendant is allowed to defend the suit on the condition that he
shall deposit amount of Rs.40,000/- within two weeks from
today and file his written statement.
3. Costs in cause.
4. Summons for Judgment No.28/2020 is disposed off accordingly.
(S.G. Shaikh)
Date : 17/08/2021 Judge, City Civil Court
Gr. Mumbai
Dictated on :17/08/2021
Typed on :17/08/2021
Signed on
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4 SJ 28/2020 Sum. Suit No.198/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/08/2021 05.00 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.61)
Date of Pronouncement of
JUDGMENT/ORDER
17/08/2021
JUDGMENT/ORDER signed by
P.O.on
17/08/2021
JUDGMENT/ORDER uploaded on 17/08/2021
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