Order 1

Order Details: Other
Pdf Text: ..1.. Summons for Judgment
No.126/2018
MHCC010044372018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
SUMMONS FOR JUDGMENT NO.126 OF 2018
(CNR NO.MHCC01-004437-2018)
IN
SUMMARY CIVIL SUIT NO.1209 OF 2017
Baban Devaji Jankar
Age --- years, of Mumbai, an adult Indian Inhabitatn
carrying on business of money lending at and from
Vijay Niwas, Jivdaya Lane, L.B.S. Marg, Ghatkopar
(W), Mumbai.
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..Plaintiff
VERSUS
Mrs. Shaila Vijay Bhagwat
an adult Indian Inhabitant working with gain with
BMC, Staff : Nurse, Rajawadi Hospital, Ghatkopar (E),
Mumbai and residing at Room No.4, V/9, Ground
Floor, Ramswasti Kough, Badlapur.
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..Defendant
Appearance :
Learned Advocate Mr. Ramesh Jain for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.15.
DATE : 18/12/2023
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..2.. Summons for Judgment
No.126/2018
O R D E R
1. The plaintiff has filed Summary Suit No.1209 of 2017 for
recovery of amount. The plaintiff contended that he is a Money Lender.
The defendant obtained loan of Rs.70,000/- on 02.10.2016 and
executed Demand Promissory Note, promising to pay to the plaintiff
the amount of Rs.70,000/- alongwith interest at the rate of 18% per
annum. On demand, the plaintiff demanded time to time the amount
of Rs.70,000/- with interest. Therefore, plaintiff issued Notice through
Advocate on 11.08.2016.
2. In consequent to failure to pay amount of Rs.70,000/-
with interest, the plaintiff filed the instant suit.
3. In response to the writ of summons, defendant has
tendered his appearance. Thereafter, the plaintiff took out instant
summons for judgment. Upon service of notice of summons for
judgment, the defendant tendered reply seeking leave to defend.
4. It is the contention of defendant that her husband had
obtained loan from plaintiff, at that time, the plaintiff prepared forged
document and misused signature of the defendant, obtaining blank
promissory note. She denied that she had obtained any loan from
plaintiff and prayed for dismissal of summons for judgment and grant
of leave to defend.
5. Heard the learned Advocate for plaintiff. The learned
Advocate of defendant remained absent even several chances are
granted. Therefore, matter is proceeded without argument of
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..3.. Summons for Judgment
No.126/2018
defendant. At this stage of argument, the plaintiff has tendered original
document by list Exh.8. On perusal of document, it reveals that
defendant has executed promissory note of Rs.70,000/- payable with
interest at the rate of 18% per annum. It is to be noted that vide reply
to the paragraph 2 of the summons for judgment, it is the contention of
the defendant that plaintiff has obtained her signature on a blank
promissory note and misused the same by forging it.
6. The defendant has tendered her reply to summons for
judgment in June 2018. However, till the date, there is nothing on
record to show that the defendant has taken any criminal action
against the plaintiff for obtaining her signature on a blank promissory
note and misused the same.
7. Further, as per her reply to summons for judgment, she is
claiming that her husband had obtained a loan, but no document has
been filed on record in this regard.
8. The documents filed by the plaintiff are crystal clear and
shows that the defendant has executed promissory note. The signature
on the promissory note are not disputed. Therefore, contention of
plaintiff appears to be probable.
9. So far as leave to defend is concerned, I am of the view
that a fair chance deserves to be granted to the defendant to raise a
defence. However, to my mind, she requires to deposit amount of the
promissory note, i.e. Rs.70,000/- as she has admitted her signature on
the promissory note. In the result, I proceed to pass the following
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..4.. Summons for Judgment
No.126/2018
order:-
ORDER
1. Summons for Judgment No.126/2018 in Summary
Civil Suit No.1209/2017, is hereby partly allowed.
2. The defendant is granted leave to defend, subject to
deposit of Rs.70,000/- within one month in the Court
from the date of this Order.
3. After depositing the amount of Rs.70,000/-, it be
invested in the Fixed Deposit in any Nationalized
Bank.
4. The defendant is permitted to file written statement
upon depositing amount of Rs.70,000/-,within
stipulated period.
5. Summon for Judgment No.126 of 2018 is disposed
of, accordingly.
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court, Gr. Bombay.
Date: 18/12/2023. C.R. No.15
Dictated on : 18/12/2023.
Transcribed on : 18/12/2023.
Signed by HHJ on : 18/12/2023.
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..5.. Summons for Judgment
No.126/2018
“Certified to be true and correct copy of the original signed order”.
(Mrs. K. S. Bhosale)
Stenographer (Grade-I)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.15, Gr. Mumbai
Date of pronouncement of Order : 18.12.2023
Order signed by Hon'ble Judge on : 18.12.2023
Order uploaded on : 18.12.2023
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