Order 1

Order Details: Copy of Judgment
Pdf Text: JUDGMENT 1 SUM.SUIT 647/2018
Received on : 19042018
Registered on : 19042018
Decided on : 04072019
Duration : 01Y 02M 16D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 647 OF 2018
CNR NO.: MHCC010051702018
Sanghvi Premises Private Limited,
A company registered under the Companies
Act,2013 and having their office at
First Floor, Sanjana MansionDr.B.A.Road,
Byculla (East), Mubai400027. ...Plaintiff
Versus
Dattaram Ramachandra Sawant, adult,
Mumbai having his address at Unit No.14,
Municipal Industrial Estate, 2nd floor,
Vallabhbhai Road, Vile Parle(West),
Mumbai400056. ….Defendant
Appearances:
Advocate Mr.Kaushik for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 4TH JULY 2019
J U D G M E N T
This is a suit for recovery of Rs.29,32,329/(Rupees
Twenty Nine lacs Thirty Two Thousand Three hundred and Twenty
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JUDGMENT 2 SUM.SUIT 647/2018
Nine only).
2. The plaintiff case in nut shell is that plaintiff is a private
limited company. In February 2011 defendant approached plaintiff and
told him that he is negotiating with the trustees of Masina Hospital
Trust Byculla and to show his credit a sum of Rs.25,00,000/ was
required for the purpose of redevelopment. The defendant has also
offered plaintiff to redevelop the said property jointly., On
representations of defendant plaintiff gave him sum of Rs. 25,00,000/
vide cheque.The defendant failed to negotiate terms with the said trust
and when plaintiff demanded his amount back defendant handed over
him a cheque which was dishonoured. Defendant is in default of
amount of Rs.29,32,329/(Rupees Twenty Nine lacs Thirty Two
Thousand Three hundred and Twenty Nine only). Hence, the suit.
3. The defendant was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points arise for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether the plaintiff
proves that he has given amount
of Rs.25,00,000/ to defendant.?
Yes
2. Whether the plaintiff proves
that amount of Rs.29,32,329/
(Rupees Twenty Nine lacs Thirty
Two Thousand Three hundred
and Twenty Nine only)is due and
recoverable from defendant?
Yes
3. Whether the plaintiff is Yes
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JUDGMENT 3 SUM.SUIT 647/2018
entitled for recovery of
Rs.29,32,329/(Rupees Twenty
Nine lacs Thirty Two Thousand
Three hundred and Twenty Nine
only)along with interest as
claimed?
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Shri.Mohan Ramchandra Bagwe vide
Exh.5 and filed letter of authority, undertaking by defendant, copy of
defendant letters, cheque given by defendant, cheque returned memo,
advocates demand notice, reply notice by defendant, copy of police
complaint, undertaking given by defendant.
6. Heard Ld.counsel for the plaintiff.
7. The oral evidence has gone unchallenged. The undertaking by
defendant, copy of defendant letters, cheque given by defendant,
cheque returned memo, advocates demand notice, reply notice by
defendant, copy of police complaint, undertaking given by defendant
shows that In February 2011 defendant approached plaintiff and told
him that he is negotiating with the trustees of Masina Hospital Trust
Byculla and to show his credit a sum of Rs.25,00,000/ was required
for the purpose of redevelopment. The defendant has also offered
plaintiff to redevelop the said property jointly., On representations of
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JUDGMENT 4 SUM.SUIT 647/2018
defendant plaintiff gave him sum of Rs. 25,00,000/ vide cheque.The
defendant failed to negotiate terms with the said trust and when
plaintiff demanded his amount back defendant handed over him a
cheque which was dishonoured. Defendant is in default of amount of
Rs.29,32,329/(Rupees Twenty Nine lacs Thirty Two Thousand Three
hundred and Twenty Nine only). As far as rate of interest is concerned
plaintiff has prayed future rate of interest of 24%p.a.but this rate of
interest is exorbitant. However, if rate of interest of 18%p.a.is granted
then it will be just and proper. Therefore, point No.1 to 3 is answered as
Yes and following order is passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay amount of Rs.29,32,329/(Rupees Twenty Nine
lacs Thirty Two Thousand Three hundred and Twenty Nine only) with
interest @ 18% p.a. from the date of filing of suit till the date of
realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 04/07/2019 City Civil Court,Gr. Bombay
Dictated on : 04/07/2019
Transcribed on : 05/07/2019
Signed on : 05/07/2019
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JUDGMENT 5 SUM.SUIT 647/2018
ERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10/07/2019 at 11.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
04/07/2019
Judgment/Order signed by P.O. on 05/07/2019
Judgment/Order uploaded on 10/07/2019
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