Final Order 2

Order Details: Order below exhibit
Pdf Text: 1
ORDER BELOW APPLICATION FILED
BY THE PLAINTIFF ON 29.11.2022
IN
COMMERCIAL SUIT NO. 512 of 2021
M/s. Abhijeet Tradeimpex through its
Proprietor Mr. Abhijeet Patodia ...Plaintiff
Versus
M/s. Urjaa Trading Company through it
Proprietor Mr. Bhavesh Thakker ….Defendant
Appearance:
Ld. Adv. Jonas Thomas i/b. SMA Law Partners for Plaintiff.
Defendant is present in person.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE, (C.R.NO.31)
INCHARGE OF C.R.14
DATED : 17th DECEMBER 2022
ORDER
This is an application filed by the plaintiff for withdrawal of
the amount of Rs.12,94,851/. It is submitted by the plaintiff that as per
the order passed by this Court in Summons for Judgment No. 108 of
2021, the defendant deposited a sum of Rs.12,94,851/. The matter was
settled between the parties in Lokadalat and the plaintiff withdrawn the
suit unconditionally. As per the agreed terms, the defendant has no
objection to withdraw the amount of Rs.12,94,851/, which has been
deposited by the defendant before the Court. Hence, the plaintiff prayed
that his application may be allowed and the plaintiff may be permitted
to withdraw the amount of Rs.12,94,851/.
2. The report of PLA Section was called and the PLA Section
submitted the report that the amount is invested in the Canara Bank,
Colaba Branch, Mumbai.
-- 1 of 3 --
2
3. The defendant also filed his say below the application itself
and he has no objection for withdrawing the amount of Rs.12,94,851/
to the plaintiff.
4. Heard Learned Advocate Jonas Thomas i/b. SMA Law
Partners for Plaintiff and the defendant in person. The defendant orally
submitted before the Court that the plaintiff may be allowed to
withdraw the amount. Perused the contents of the application and say
filed by the defendant. It is seen from the record that by virtue of order
passed in Summons for Judgment No. 108 of 2021, the defendant
deposited the amount of Rs.12,94,851/ on 14.02.2022. The matter was
settled between the parties in Lokadalat. As per consent terms at
Exh.16, the suit was disposed off. As per the terms in Pursis at Exh.16,
the defendant has no objection for withdrawal of the amount of
Rs.12,94,851/. Thus, the defendant has no objection for withdrawing
the amount. Hence, there is no hurdle to allow the application and
permit the plaintiff to withdraw the amount. Hence, I proceed to pass
the following order :
ORDER
1. The application filed by the plaintiff on 29.11.2022 is
allowed.
2. The plaintiff is permitted to withdraw the amount of Rs.
12,94,851/ (Rs. Twelve Lakhs Ninety Four Thousand Eight
Hundred and Fifty One Only) along with interest accrued
on the said amount.
3. Order accordingly.
Dated : 17.12.2022 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 17.12.2022
Typed on : 20.12.2022
-- 2 of 3 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20.12.2022 4.55 p.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
17.12.2022
Judgment/order signed by P.O on 20.12.2022
Judgment/order uploaded on 20.12.2022
-- 3 of 3 --