Final Order 1

Order Details: Other
Pdf Text: ..1.. Summary for Judgment No.224/2023
MHCC010104752023 Presented on : 07/10/2023
Registered on : 07/10/2023
Decided on : 12/11/2024
Duration : 01Y 01M 05D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.224 OF 2023
(CNR NO.MHCC01-010475-2023)
IN
SUMMARY SUIT NO.68 OF 2021
PRAVINKUMAR DEVICHAND HUF
Through its Karta and Manager Pravinkumar
Devichand Jain, of Mumbai, an adult Indian
having address at 294/A, Govindwadi, 2nd floor,
Kalbadevi Road, Mumbai-400 002.
]
]
]
]
] ..PLAINTIFF
VERSUS
1. NEEV REALTORS,
A firm having its address at 101, Sunder
Apartment, Nesbit Road, Mazgaon Circle,
Mumbai – 400 010.
2. CHANDULAL V. JAIN
3. JITENDRA JAIN
4. ALKESH JAIN
5. HEMAL JAIN
All of Mumbai an adult Indian Inhabitant,
Partners of Neev Realtors at and from 101,
Sunder Apartment, Nesbit Road, Mazgaon
Circle, Mumbai – 400 010.
]
]
]
]
]
]
]
]
]
]
]
] ..DEFENDANTS
Appearance :-
Learned Advocate Ramesh Jain for plaintiff.
None for defendants.
-- 1 of 5 --
..2.. Summary for Judgment No.224/2023
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 12/11/2024.
J U D G M E N T
1 This summary suit is filed for recovery of amount. It is the
case of plaintiff that it is a HUF through its Karta and Manager
Pravinkumar Devichand and defendant No.1 is a firm of which
Defendant Nos.2 to 5 are partners. It is contended by plaintiff that he
had advanced business loan of Rs.10,00,000/- to the defendants
through cheque bearing No.107713. The defendants paid interest on
the said amount upto 31/03/2017 by cheque. It is further contended
by plaintiff that defendants have issued Confirmation of Account in
writing for the period from 01/04/2016 to 31/03/2017 after paying
agreed interest, wherein it has been specifically admitted and
confirmed in writing with signatures of the defendants. The plaintiff
issued notice on 03/03/2020 upon the defendants to pay the said loan
amount, but in vain. It is the contention of plaintiff that the defendants
are liable to pay the amount of Rs.10,00,000/- alongwith interest at
the rate of 12% per annum.
2 The writ of summons was served upon defendant Nos.1 to
3. Defendant Nos.1 and 3 tendered their appearance through advocate,
but defendant No.2 did not appear though served with the writ of
summons, hence, matter proceeded further. Plaintiff has withdrawn
the suit against defendant Nos.4 and 5. Hence, suit stands disposed of
as withdrawn against defendant Nos.4 and 5.
-- 2 of 5 --
..3.. Summary for Judgment No.224/2023
3 Plaintiff took out summons for judgment against
defendant Nos.1 and 3. Defendant Nos.1 and 3 failed to file their reply
though served with the summons for judgment through advocate.
Hence, matter proceeded further without their reply.
4 Heard learned advocate for plaintiff. The plaintiff has filed
evidence of authorized person (Exhibit-03) and has relied upon
documents as per the list (Exhibit-04). The evidence of authorized
person of plaintiff remain unchallenged. Plaintiff has filed
Confirmation of Accounts (Exhibit-5 colly) and advocate’s letter dated
03/03/2020. Thus, I am of the view that the case of plaintiff is
probable and in absence of reply by the defendant Nos.1 and 3 to
summons for judgment, there is no reason to disbelieve the case of
plaintiff. The matter is already proceeded in absence of defendant
No.2, therefore, he is also liable to pay the amount claimed by the
plaintiff alongwith defendant Nos.1 and 3, jointly and severally. Hence,
defendant Nos.1 to 3 are liable to pay the amount of Rs.10,00,000/-.
5 The omission on the part of the defendant Nos.1 to 3 to
proceed with the suit and to raise defence shows that the defendant
Nos.1 to 3 have 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.10,00,000/-.
6 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 12% per month from the defendant Nos.1 to 3,
however, I am of the view that it is an exorbitant rate of interest. No
doubt the plaintiff has suffered loss in business and profit, due to
failure to repay the amount by the defendant Nos.1 to 3. Had it been
-- 3 of 5 --
..4.. Summary for Judgment No.224/2023
paid to the plaintiff as per demand, it would have invested and would
have earned profit therefrom. Therefore, I am of the view that the
plaintiff is entitled for interest at the rate of 9% per annum from the
date of issuance of notice by the advocate of plaintiff i.e. 03/03/2020,
till its full realisation.
7 As the defendant Nos.1 and 3 has made plaintiff
constrained to file the suit, they are also liable to pay the costs. In the
result, I proceed to pass the following order :-
ORDER
1. Summons for Judgment No.224 of 2023 in Summary
Suit No.68 of 2021, is hereby allowed.
2. Summary Suit No.68 of 2021, stands partly decreed
with costs.
3. Plaintiff is entitled to recover an amount of
Rs.10,00,000/- alongwith interest at the rate of 9%
per annum from 03/03/2020, till its full realisation
from defendant Nos.1 to 3, jointly and severally.
4. Summary Suit No.68 of 2021 stands disposed of as
withdrawn against defendant Nos.4 and 5.
5. Court fees, if any, be refunded as per rule.
6. Decree be drawn up accordingly.
(Order dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 12/11/2024.
Dictated and Typed on : 12/11/2024.
Signed by HHJ on : 13/11/2024.
-- 4 of 5 --
..5.. Summary for Judgment No.224/2023
“Certified to be true and correct copy of the original signed order”.
14/11/2024
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 : 12/11/2024
Order signed by Hon'ble Judge on : 13/11/2024
Order uploaded on : 14/11/2024
at about 5.30 p.m.
-- 5 of 5 --