Interim Order 1

Order Details: Other
Pdf Text: Judgment 1 Summ. Suit No.581/2018
Filed on : 26.04.2018
Registered on : 11.06.2018
Decided on : 26.02.2020.
Duration : Year-01 Month-08 Days-16
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT NO. 322 OF 2018
SUMMARY SUIT NO. 581 OF 2018
(CNR NO.MHCC01-005785-2018)
Jeevandeep Prakashan Pvt. Ltd.
Having Reg. Office at Sun Paradise Business Plaza,
1st floor, Senapati Bapat Marg,
Lower Parel, Mumbai – 400 013.
Through its Legal Assistant
...Plaintiff
V/s.
Siddheswar English Medium School
Address - Dwarka Complex,
Main Road, Shirur Kasar 413249.
Dist Beed ...Defendant
Appearance:-
Disha Vardhan, Advocate for the plaintiff.
None for Defendant.
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
(C.R. NO.59).
DATE : 26th 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.2,67,000/- with
interest @ 18% per annum from the date of the suit till its realization.
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Judgment 2 Summ. Suit No.581/2018
2. Perused the documents on record. Heard advocates of the
plaintiff at the length. Peruse the written note of the arguments of the
defendant.
3. The defendant appeared on Summons for Judgment and
filed reply/leave to defend within limitation on the principle reason that
he is not liable to pay amount of Rs.2,67,000/- and interest @ 18% p.a.
and invoices are having signature of the defendant.
4. The defendant has to prayed for leave to defend on the
following reasons mainly :
I That defendant is not liable to pay amount of Rs.2,67,000/-
ii That invoices are having signature of the defendant.
5. It appears from the reply of the defendant that he has not
specifically disputed on denied supply of goods by the plaintiff during
the relevant period.
6. The question as to whether, defendant is liable to pay
amount as claimed and interest @ 18% p.a. and dispute as to signature
of the invoices are probable and plausible defences and also triable
issues.
7. 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
being a case based on contract, it becomes necessary to generally assess
the strength of contract on the basis of documents on the test of basis
laws. It is also necessary to adjudicate the case on the basis of evidence
as to find out as to whether there was a written contract about the price
of the goods and defendant has confirmed its liability.
8. In the opinion of this court, whether the plaintiff is entitled
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Judgment 3 Summ. Suit No.581/2018
to recovery of amount as claimed is the triable issue in this suit and this
issues can not be brushed aside on the procedure of summary suit.
9. In this background, it is held that defendant has made out a
case to allow them to leave to defend this suit. Defendant has plausible
defence. Therefore, the defendant should be allowed conditional leave
to defend. However, if the defendant fails to prove the defence, it will
have to pay the amount claimed to the plaintiff, Therefore, in order to
curtail the possibility of any relief from defendant's side, this court
desire to put the condition on the defendant to deposit amount of
Rs.1,06,340.50ps. Which is 50% of principal amount of Rs.2,12,681/-
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.322 of 2018 is dismissed.
2. Defendant allowed to defend the suit on the condition
that he shall deposit amount of Rs.1,06,340.50ps. and
file their written statement within four weeks from the
date of this order.
3. Costs in cause.
4. Summons for Judgment No.322 of 2018 is disposed off
accordingly.
(Smt. S.G. Shaikh)
Date : 26/02/2020 Ad-hoc Judge,
City Civil Court, Gr. Bombay.
Dictated on : 26.02.2020
Transcribed on : 26.02.2020
Signed on : 26.02.2020
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Judgment 4 Summ. Suit No.581/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
(Typist)
26.02.2020 5.00 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 26.02.2020
Order signed by P.O. on 26.02.2020
Order uploaded on 26.02.2020
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