Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment in Sum.Suit No. 386/2019
Presented on
Decided on
Duration
Exhibit
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14.02.2019
12.03.2021
Y2 D26
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CNR NO. : MHCC010019272019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI
SUMMARY CIVIL SUIT NO. 386 OF 2019
Raksha Hirenkumar Jhaveri
Aged : about 68 years,
An Indian Inhabitant of Mumbai,
residing at 4/135, Ganesh Bhavan,
Swami Shri Vallabhadas Marg,
Sion(West), Mumbai400 022.
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]... Plaintiff
Versus
1. Sanghavi Brothers
A proprietary Firm carrying on its business
from its office at office no.4 and 5,
Ground Floor, Padmavati Sadan, Deodhar Road,
Matunga, Mumbai400 019.
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2. Jitendra Pranlal Sanghavi (HUF)
Carrying on Sole Proprietary business in the name
and style of M/s Sanghavi Brothers,
having its office at office no.4 and 5,
Ground Floor, Padmavati Sadan, Deodhar Road,
Matunga, Mumbai400 019.
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3. Jitendra Pranlal Sanghavi ]
4. Harsha Jitendra Sanghavi ]
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2 Judgment in Sum.Suit No. 386/2019
5. Utkal Jitendra Sanghavi
All adults, being Coparceners of Jitendra P.
Sanghavi, (HUF) carrying on business of Defendant
no.1 from its Office no. 4 and 5,
Ground Floor, Padmavati Sadan, Deodhar Road,
Matunga, Mumbai19 and residing at
Padmavati Sadan, Flat no.7, 8 and 9,
First Fl., Deodhar Road,
Matunga, Mumbai400 019.
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]... Defendants
Appearances:
Ld. Advocate Mr. Anil P. Bagwe for plaintiff.
None for Defendants no.1 to 5.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 12th March, 2021
J U D G M E N T
1. This is a Summary Civil Suit to recover the debt with
interest under Order XXXVII Rule 1 of The Code of Civil Procedure,
1908.
2. The plaintiff’s case in nutshell is as under:
The defendant no.1 is Sole Proprietor whose business is
conducted by defendant no.2 (HUF). Defendants no.3 to 5 are members
of defendant no.2(HUF). Mr. Hirenkumar, husband of plaintiff, is
having friendly relation with defendant no.3 for more than 30 years. In
2010, defendant no.3 had obtained financial help of Rs.1,00,000/
(Rupees One Lacs only) and the interest @ 1.10% per month was paid
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by the defendants. Thereafter, plaintiff paid Rs.20,00,000/ (Rupees
Twenty Lacs only) time to time to the defendants for which no Bills of
Exchange were drawn. The details of said payments are as under :
Sr.
No. Cheque Amount Cheque Details
a) Rs.1,00,000/ Cheque No.570925 dated 20.04.2010
b) Rs.1,00,000/ Cheque No.000007 dated 25.04.2011
c) Rs.1,00,000/ Cheque No.000066 dated 13.09.2012
d) Rs.5,00,000/ Cheque No.000085 dated 14.02.2013
e) Rs.3,00,000/ Cheque No.000206 dated 20.10.2015
f) Rs.5,00,000/ Cheque No.000223 dated 04.04.2016
g) Rs.4,00,000/ Cheque No.000263 dated 02.05.2017
Rs.20,00,000/ TOTAL AMOUNT
3. The defendants paid interest @ 1.10% per month time to
time but failed to pay amount of Rs.20,00,000/ (Rupees Twenty Lacs
only) to the plaintiff. The plaintiff issued legal notice dated 04.10.2018
calling upon the defendants to pay the amount of Rs.20,00,000/
(Rupees Twenty Lacs only) along with interest @ 13.20% per annum
within a period of one month from the receipt of the letter. Despite,
service of the letter dated 04.10.2018, defendants have not paid any
amount to the plaintiff and therefore, plaintiff has prayed for decree of
Rs.23,68,218/ (Rupees Twenty Three Lacs Sixty Eight Thousand Two
Hundred Eighteen only) along with further interest @ 1.10% per month
on Rs.20,00,000/ (Rupees Twenty Lacs only) till realization.
4. The plaintiff has filed affidavit of service of Writ of
Summons upon the defendants (Exh.5). The Writ of Summons was
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4 Judgment in Sum.Suit No. 386/2019
accepted by defendant no.3 on behalf of other defendants. In view of
Order XXXVII Rule 2 SubRule 3 of The Code of Civil Procedure, 1908,
if the defendant commits default of entering an appearance, the
allegations in the plaint shall be deemed to be admitted and plaintiff
shall be entitled to a decree for any sum, not exceeding a sum
mentioned in the Summons, together with interest at the rate specified,
if any, upto the date of decree.
5. The plaintiff has filed his affidavit of evidence (Exh.8) and
documents at Exh.10 to 13. The plaintiff has filed original form no.16
A, 15G and 15H issued by the defendants showing the money
transactions between the plaintiff and the defendants. The plaintiff has
also tendered his bank statement (Exh.11) to show relevant entries of
the money transactions between the plaintiff and the defendants.
Despite, service of legal notice (Exh.13), the defendants did not reply to
the said notice. In her evidence (Exh.8) she has reiterated plaint
allegations that the defendants have not repaid amount of
Rs.20,00,000/ (Rupees Twenty Lacs only) @ 1.10% per month and the
said amount comes to Rs.23,68,218/ (Rupees Twenty Three Lacs Sixty
Eight Thousand Two Hundred Eighteen only). The plaintiff has also
claimed interest @ 1.10% per month on Rs.20,00,000/ (Rupees
Twenty Lacs only) from the date of the suit till the date of realization
under Section 34 of The Code of Civil Procedure, 1908. In absence of
appearance of the defendants, there is no reason to disbelieve the plaint
allegations and evidence of the plaintiff in the form of affidavit of oral
evidence (Exh.8) and documentary evidence. Moreover, the plaint
allegations are deemed to be admitted by default of the defendants of
their entering an appearance. Therefore, the plaintiff is entitled for the
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reliefs claimed in the suit under Order XXXVII of The Code of Civil
Procedure, 1908. Hence, following order :
ORDER
1. The Summary Civil Suit No. 386 of 2019 is decreed with costs.
2. The defendants are directed to pay to the plaintiff a sum of
Rs.23,68,218/ (Rupees Twenty Three Lacs Sixty Eight Thousand
Two Hundred Eighteen only) within 3 months from the date of
this order along with further interest on Rs.20,00,000/ (Rupees
Twenty Lacs only) @ 1.10% per month till realization of the
amount.
3. Decree be drawn up accordingly.
Sd/
(C. V. Marathe)
Judge,
Date : 12.03.2021 City Civil Court, Gr. Mumbai.
Dictated on : 12.03.2021
Transcribed on : 12.03.2021
Signed by HHJ on : 15.03.2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 15.03.2021 at 1.28 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
12.03.2021
JUDGMENT/ORDER signed by
P.O. on
15.03.2021
JUDGMENT/ORDER uploaded on 15.03.2021
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