Final Order 1

Order Details: Other
Pdf Text: ..1.. Summons for Judgment No.88/2019
MHCC010026982019 Presented on : 08/03/2019
Registered on : 08/03/2019
Decided on : 05/10/2024
Duration : 05Y 06M 29D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.88 OF 2019
(CNR NO.MHCC01-002698-2019)
IN
SUMMARY SUIT NO.1451 OF 2018
JYOTI AMARSHI GALA, )
Occupation : Business, having his )
address at C/o K Woods, Shop No.08, )
Plot No.51/52, Shivaji Market II, )
Sector 190, Near APMC Police Station, )
Vashi, Navi Mumbai – 400 705. )...Plaintiff
Versus
1. M/S. HERITAGE LIFESTYLE (LLP) )
a registered Limited Liability firm, )
having it’s regd. Address at 402, 04th )
floor, plot No.29, Vinayak Siddhi CHS )
Ltd., D. K. Sandhu Marg, Chembur, )
Mumbai – 400 071. )
2. GIRISH PARTABRAI GANGWANI )
A partner of M/S. Heritage Lifestyle )
(LLP), occupation : business, residing )
at 10, Narain Niwas, 03rd floor, Postal )
Colony, Chembur, Mumbai – 400 071. )
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..2.. Summons for Judgment No.88/2019
3. PRADEEP SOMSHEKHAR SHETTY )
A partner of M/S. Heritage Lifestyle (LLP) )
Occupation : Business, residing at 1706, )
Srishti Tower, Near S. M. Shetty High School )
Powai, Mumbai – 400 079. )...Defendants
Appearance :-
Learned Advocate Paras Vira for plaintiff.
Learned Advocate Pranjali Raote alongwith Advocate Suyesh More for
defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84
DATE : 05/10/2024.
O R D E R
1 This suit is filed for recovery of amount contending that
defendant Nos.2 and 3 approached and requested plaintiff to pay loan
of Rs.5,00,000/- to defendant No.1. Defendant Nos.2 and 3 have played
active part in the day to day activities and management of defendant
No.1 company and have stood as sureties for repayment of said loan
amount. Therefore, plaintiff advanced the loan of Rs.5,00,000/- and
transferred it to the account of defendant No.1 through RTGS.
Defendants have availed the amount and paid interest upto
31/03/2017, but failed to repay as agreed. Therefore, plaintiff issued
notice for payment of loan amount, but in vain. Hence, he filed instant
suit for recovery of amount from defendants jointly and severally. He
further contended that defendants have issued letter of confirmation of
account on 01/04/2018, hence, suit is filed well within limitation.
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..3.. Summons for Judgment No.88/2019
2 In response to the writ of summons, defendants appeared
and tendered their appearance, thereafter, plaintiff took out instant
summons for judgment. After service of summons for judgment,
defendant tendered their reply resisting the contention contending that
plaintiff had engaged defendants for supervision of interior design
consultancy for repairing and renovating work of his shop namely K
Woods, Shop No.8, Plot No.51/52, Shivaji Market II, Sector 19, near
APMC Police Station, Vashi, Navi Mumbai – 400 705. According to
them, defendants have issued estimate of lumpsum amount of
Rs.5,00,000/- and after confirmation from plaintiff, defendants have
done supervision for repairing and renovating the said shop. As per the
request of plaintiff for concession, they have refunded part charges. It is
to note that defendants have admitted receipt of amount of
Rs.5,00,000/- in the account of defendant No.1, but contended that it
was not the loan amount, it was supervision charges and prayed that
they have got advance and pleaded to prove the same and prayed for
grant of unconditional leave.
3 Heard rival parties at length.
4 It is the case where defendants are not disputing the receipt
of amount, but claiming that the said amount is received towards the
work discharged by them i.e. of supervising and renovating the shop of
plaintiff. However, there is no proof on record regarding except mere
words. Per contra, plaintiff has filed a copy of Account book and
confirmation of statement to establish that defendants have received the
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..4.. Summons for Judgment No.88/2019
amount and confirmed the balance by signing statement of
confirmation balance dated 01/04/2018. Thus, prima facie there is
substance in the submission that plaintiff has paid the amount of
Rs.5,00,000/- to defendants towards loan and defendant Nos.2 and 3
stood as surety. In absence of any documentary proof submitted by
defendants, there is no option, but to accept the contention of plaintiff.
As defendants have admitted the receipt of amount, they are required to
deposit the amount admitted for raising defence as per the guidelines of
the Hon’ble Supreme Court in the cases of B. L. Kashyap and Sons Ltd.,
Vs. M/s. JMS Steels and Power Corporation and another reported in
2022 LiveLaw (SC) 59 and IDBI Trustreeship Services Limited Vs.
Hubtown Limited reported in (2017) 1 SCC 568.
5 During the course of argument, the learned advocate for
defendants have submitted that they have believed the words of
plaintiff as they were having cordial relationship between two families,
but it has no space in the legal proceeding. They further submitted that
they are ready to deposit 50% of the amount as condition to raise
defence and requested to consider their written statement, hence, I am
of the view that offer of defendants to deposit 50% of the claim amount
is just and proper and it should be accepted. Hence, I proceed to pass
following order :-
ORDER
1. Summons for Judgment No.88 of 2019 in Summary
Suit No.1451 of 2018, is disposed of in terms of
following order -
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2. Leave is granted to the defendants to defend the suit
subject to depositing in this Court a sum of
Rs.2,50,000/- within a period of one month from the
date of order and shall file written statement within
30 days, thereafter.
3. After depositing the amount, the PLA Section is
directed to invest the same into Fixed Deposit, till
disposal of the suit or till further order.
4. If this conditional order of deposit is not complied
within the stipulated period, as mentioned
hereinabove, the plaintiff shall be entitled for an
ex-parte decree against defendants after obtaining a
non-deposit certificate from the PLA Section.
5. Summons for judgment is disposed of accordingly.
(Order dictated and pronounced in open Court)
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Mazgaon
Mumbai
Date: 05/10/2024. Court Room No.84
Dictated on : 05/10/2024.
Transcribed on : 05/10/2024.
Signed by HHJ on : 07/10/2024.
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..6.. Summons for Judgment No.88/2019
“Certified to be true and correct copy of the original signed order”.
09/10/2024
at about 11.30 a.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 : 05/10/2024
Order signed by Hon'ble Judge on : 07/10/2024
Order uploaded on : 09/10/2024
at about 11.30 a.m.
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