Interim Order 1

Order Details: Order below exhibit
Pdf Text: Judgment 1 Summ. Suit No.575/2019
Filed on : 25.04.2019
Registered on : 07.06.2019
Decided on : 28.02.2020.
Duration : Year-00 Month-10 Days-04
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT NO.208 OF 2019
IN SUMMARY SUIT NO. 575 OF 2019
(CNR NO.MHCC01-004722-2019)
Nirmala Zaverchand Dedhia
Address - C/o Manoj and Ashok Associates,
301, 3rd floor, India Printing House,
42, G.D. Ambekar Rd., Near Wadala Bus Depot,
Opp. Ram Mandir, Wadala,
Mumbai-400 031
...Plaintiff
V/s.
Hiten Hirji Gala
Address - Unit No.20, Gr. floor,
Shilpin Centre, Near Wadala Udhyog Bhavan,
Wadala, Mumbai 31
...Defendant
Appearance:-
Advocate, Hitesh Soni for the plaintiff.
Advocate, Neelgara for defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 28th February, 2020.
ORDER
(Dictated and pronounced in Open Court.)
1. The plaintiff has brought this Summons for Judgment and
thereby directing the defendant to pay amount of Rs.2,44,467/- with
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Judgment 2 Summ. Suit No.575/2019
interest @ 18% per annum from the date of the suit till its realization.
2. Perused the documents on record. Heard advocates of the
plaintiff at the length.
3. The defendant appeared on Summons for Judgment and
filed there respective reply/leave to defend within limitation.
4. The defendant has to prayed for leave to defend on the
following reasons mainly :
i. That he has paid entire amount to the plaintiff with interest
ii. The plaintiff is not entitled to recover the amount as it is a
transaction of money lending without license under Money
Lending Act
iii. The suit is barred by limitation
5 . The defendant has not specifically denied about borrowing
amount from the plaintiff The question as to repayment of the amount
by the defendant , bar of suit under the money Lending Act and issue of
limitation are probable and plausible defences and also triable issues.
Therefore as to whether defendant is liable to pay the amount claim to
the plaintiff is a plausible defence and triable issue.
8. This Court neither intend to comment on the merits of the
case as this is not the stage of appreciation of evidence. But this case
on the basis of documents and on law. It is also necessary to adjudicate
the case on the basis of evidence as to find out as to whether defendant
is liable to pay the amount of Rs.2,44,647/- to the plaintiff.
9. In the opinion of this court, whether the plaintiff is entitled
to recovery of amount as claimed from the defendant is the triable issue
in this suit and this issues can not be brushed aside on the procedure of
summary suit.
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Judgment 3 Summ. Suit No.575/2019
10. In this background, it is held that defendant have made out
a case to allow them to leave to defend this suit. Defendant has
plausible defence. The defendant should be allowed conditional leave to
defend. However, if the defendant fails to prove the defence, they will
have to pay the amount claimed to the plaintiff, Therefore, in order to
curtail the possibility of any relief from defendant side, this court desire
to put the condition on the defendant to deposit amount of
Rs.1,22,323.50ps. Which is 50% of principal amount of Rs.2,44,647/-.
The said amount shall be deposited by the defendant within four weeks.
In consequence the Summons for Judgment is liable to be dismissed.
Hence, the following order is passed.
ORDER
1. Summons for Judgment No.208 of 2019 is dismissed.
2. Defendant allowed to defend the suit on the condition
that he shall deposit amount of Rs.1,22,323.50ps. and
file their written statement within four weeks from the
date of this order.
3. Costs in cause.
4. Summons for Judgment No.208 of 2019 is disposed off
accordingly.
(Smt. S.G. Shaikh)
Date : 28.02.2020 Ad-hoc Judge,
City Civil Court, Gr. Bombay.
Dictated on : 28.02.2020
Transcribed on : 28.02.2020
Signed on : 28.02.2020
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Judgment 4 Summ. Suit No.575/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
28.02.2020 3.00 p.m. Miss.N.T.Kokare
Name of the Judge H.H.J. SABIHA G. SHAIKH.
Ad-hoc Judge.
(Court Room No.59)
Date of pronouncement of Order 28.02.2020
Order signed by P.O. on 28.02.2020
Order uploaded on 28.02.2020
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