Order 1

Order Details: Other
Pdf Text: MHCC010036372022
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT NO.105 OF 2018/
ORDER BELOW EXH.03
IN
SUMMARY SUIT NO.1064 OF 2017
M/S. CHETANA STATIONERY ...Plaintiff.
V/s.
HOLY FLOWER ENGLISH SCHOOL & ANR. ....Defendants.
Appearances:
Ld. Adv. Madhuri Lakhani for Plaintiff.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 05th MAY, 2022
ORDER
1. The present Summons for Judgment is taken out by the
plaintiff for issuing Summons for Judgment against defendants for
recovery of sum of Rs.6,39,715/ alongwith interest. It was submitted
by the plaintiff that he had sold, supplied the goods to the defendants as
per their purchase orders on credit. The defendants failed and
-- 1 of 4 --
SJ 105 of 2018 .. J/2 .. in Suit 1064 of 2017
neglected to make the payment inspite of repeated request and demand.
The defendants failed to make the payment and therefore, plaintiff
issued legal notice calling upon the defendants to pay the said amount.
The defendants neither paid the amount nor replied the notice. The
plaintiff therefore, filed the present suit. The plaintiff had taken out the
Summons for Judgment. The plaintiff further submitted that the
defendants have no defence to their claim and they had filed the
appearance to delay the passing of decree and therefore, Summons for
Judgment be made absolute.
2. The defendants filed reply to the Summons for Judgment/
Application for permission to leave to defend and submitted that, the
suit its filed on the basis of forged invoices. The suit is not within
limitation and the defendants are not liable to pay the amount. It was
further submitted that the goods supplied were defective. There are
several triable issues and therefore, unconditional leave to defend be
granted to the defendants. The defendants also raised issue of limitation
and maintainability of the suit.
3. Heard Learned Advocate for plaintiff and defendants. The
plaintiff and defendants both are in the business transaction. The said
transaction is admitted by the defendants in the reply to the Summons
for Judgment. The plaintiff filed the copy of the invoices. It appears
that the defendants have raised the issue both on the law and facts. The
defendants denied the suit transaction and also raised issue of
Limitation. The said issue will require consideration and for it, it is
necessary to grant permission to leave to defend to the defendants.
Since the business transaction between the parties are admitted, it is
necessary to provide an opportunity to defendants to raise their
defence. In order to decide the real controversy between the parties it
-- 2 of 4 --
SJ 105 of 2018 .. J/3 .. in Suit 1064 of 2017
would be appropriate to grant leave to the defendants to defend himself
on merits. The defendants have raised substantial grounds in their
defence which will be required to be decided on merits and therefore, it
would be appropriate to grant leave to defendants to defend.
4. Considering the business transaction and the business
relations between the parties and in order to secure the interest of
plaintiff it would be appropriate to grant conditional leave
to defendants to defend the suit. I, therefore, proceed to pass the
following order :
ORDER
1. Application Exh.03 is allowed and conditional leave is granted to
defendants to defend the suit.
2. The defendants shall deposit an amount of Rs.1,50,000/ to be
paid to the plaintiff within 2 months from date of this order.
3. The defendants after payment of the amount of Rs.1,50,000/
will be at liberty to file written statement on record.
4. The Summons for Judgment No.105 of 2018 is disposed off
accordingly.
5. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 05052022 City Civil Court, Gr. MUMBAI
Typed on : 05052022
checked on : 05052022
Signed on : 12052022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 3 of 4 --
SJ 105 of 2018 .. J/4 .. in Suit 1064 of 2017
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.05.2022 at 11.55 a.m.
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
05.05.2022
Judgment/order signed by P.O. on 12.05.2022
Judgment/order uploaded on 19.05.2022
-- 4 of 4 --