Final Order 1

Order Details: Copy of Judgment
Pdf Text: SUMMARY SUIT NO.636/2018 1
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.636 of 2018
(CNR.NO.MHCC01-006121-2018)
Pravinchandra K Shah
Age: 78 years, Occ: Retired
Residing at 86/39, Bharat Mahal
Marin Drive, F Road,
Mumbai-400 02.
Through power of attorney
Mr.Manish P Shah ...Plaintiff
V/s.
1. M/s. Kushal Enterprises
A registered partnership firm,
Having it's address at 83,
Kazi Sayed Street, Supari Bhuvan
Mumbai-400 003.
2. Sudhir Popatlal Bhansali
Age not known, Occ:Business
Partner of M/s.Kushal Enterprises
Having his address at M/s. Kushal
Enterprises 83, Kazi Sayed Street,
Supari Bhuvan, Mumbai-400 003.
3. Sumedh D Bhansali
Age: Adult, Occ: Business
Partner of M/s.Kushal Enterprises,
Having his address at M/s.Kushal
Enterprises 83, Kazi Sayed Street,
Supari Bhuvan, Mumbai-400 003. ...Defendants.
Appearances:-
Advocate Mr. Paras Vira for the Plaintiff.
None for Defendants.
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SUMMARY SUIT NO.636/2018 2
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 7th February, 2020.
ORDER
1. This is suit for recovery of Rs.2,37,400/- (Rupees Two Lakhs
Thirty Seven Thousand and Four Hundred only) with interest @
13.02% p.a.
2. According to the plaintiff, defendant No.1 is a registered
partnership firm and defendants No.2 and 3 are its partners. On the
request of defendants No.2 and 3, on 11/03/2014 the plaintiff gave
loan of Rs. 2,00,000/- vide cheque bearing No.038802 dated
11/03/2014, to defendant No.1 with interest @ 13.02% p.a.. The
amount was credited to the account of defendant No.1 on 12/03/2014.
Defendant No.2 being a partner of defendant No.1, acknowledged loan
by issuing a bill of exchange dated 12/03/2014 in favour of the
plaintiff. Defendants No.1 to 3 agreed to pay interest @ 13.02% p.a. on
the said loan amount. Defendants No.2 and 3 stood as guarantors for
repayment of said loan and assured the plaintiff that they will repay the
said loan amount on demand of the plaintiff. Defendant No.1 paid
interest on said loan amount on quarterly basis through cheques up to
31/10/2016. The interest amount is in arrears from 01/11/2016. The
last payment of interest was made on 21/10/2016 of Rs.6,072/-.
Despite repeated reminders and demands upon production of bill of
exchange, defendants No.1 to 3 denied to repay the amount of Rs.
2,00,000/-. Vide notice dated 26/02/2018 the plaintiff called upon the
defendants to repay the amount of Rs.2,00,000/- with accrued amount
of the interest. Despite service of notice of demand the defendants did
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SUMMARY SUIT NO.636/2018 3
not reply. They did not pay the said amount. At the time of institution of
suit amount of Rs.2,37,400/- was due and payable by the defendants.
Therefore, the plaintiff claimed decree for recovery of said amount.
3. The plaintiff also taken out Summons for Judgment in due
course. The defendants resisted the Summons for Judgment by filing
affidavit in reply/leave to defend. The arguments on the Summons for
Judgment/Leave to defend were heard. Vide order dtd.10.12.2019 this
court granted Leave to defend to the defendants subject to condition
that they shall deposit amount of Rs.2,00,000/- in the court within 4
weeks from the date of uploading the order. However, the defendants
failed to comply the order within stipulated period. Even thereafter, the
defendants till today did not comply the order. Resultantly, the plaintiff
is entitled to the judgment and decree as prayed. Hence, order as
follows is passed:
ORDER:
1. The defendants No.1 to 3 jointly and severally shall pay to the
plaintiff amount of Rs.2,37,400/- (Rupees Two Lakhs Thirty Seven
Thousand and Four Hundred only) with interest @ 13.02% p.a. on the
principal amount of Rs.2,00,000/- from the date of suit till realization
of the amount.
2. Decree be drawn up accordingly.
3. The summary suit 636 of 2018 is disposed.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 07/02/2020 City Civil Court, Gr. Mumbai
Dictated on : 07/02/2020
Transcribed on : 10/02/2020
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SUMMARY SUIT NO.636/2018 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/02/2020 at 5.05p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.Deepak L. Bhagwat
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
07/02/2020
Judgment/Order signed by P.O. on 10/02/2020
Judgment/Order uploaded on 17/02/2020
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