Final Order 1

Order Details: Other
Pdf Text: MHCC010065882018
Presented on 01-06-2018
Registered on 01-06-2018
Decided on 22-10-2021
Duration Yrs. M. Days
03 04 21
CNR No. MHCC010065882018
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMONS FOR JUDGMENT NO.160 OF 2018
SUMMARY SUIT NO.961 OF 2017
M/s. Sampatraj Hemchand Jain, HUF, a
Hindu Undivided Family firm, having its
office address at 401, Vinayak Darshan,
Dadiseth Agyari Lane, Navi Wadi,
Mumbai – 400 002. and at M.H. Karbawala
& Co., 81, Zaveri Bazar, Nr. Mumbadevi
Temple, Mumbai 400 002 through its Karta,
Sampatraj Hemchand Jain. ...Plaintiff.
V/s.
1. M/s. Siroya Builders & Developers, a
Partnership firm carrying on its business at
101, Kingston Tower, G.D. Ambedkar Marg,
Parel (E), Mumbai 400 033, and at 808,
Raheja Chambers, Nariman Point, Mumbai
400 021 and also at 43, Sunvilla,
Yashodham, Gen. A.K.Vaidya Marg,
Goregaon (E), Mumbai 400 068.
M
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2. Shrenik Dhirajlal Siroya,a
aged: Not known, Partner of M/s. Siroya
Builders & Developers, having address at
101, Kingston Tower, G.D. Ambedkar Marg,
Parel (E), Mumbai 400 033, and at 808,
Raheja Chambers, Nariman Point, Mumbai
400 021 and also at 43, Sunvilla,
Yashodham, Gen. A.K.Vaidya Marg,
Goregaon (E), Mumbai 400 068. ....Defendants.
Appearances:
Ld. Adv Mr. Yashpal Jain for plaintiff.
Ld. Adv. Mr. Mangonkar for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 22nd October, 2021
J U D G M E N T
1. The present Summons for Judgment is taken out by the
plaintiff seeking Summons for Judgment for recovery of the sum of
Rs.14,83,400/- (Rs. Forteen Lakh Eighty Three Thousand Four Hundred
only) alongwith interest. It was submitted that the Writ of Summons
was served upon the defendants. They filed their appearance but they
are having no defence in the suit. The plaintiff is entitled to recover the
amount from the defendant alongwith interest at the rate of 18% per
annum and therefore, summons for Judgement be made absolute.
2. The defendant filed their reply to Summons for Judgement
alongwith leave to defend the suit. It was submitted by the defendants
that there are triable issues. The defendants are disputing the present
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claim of plaintiff and therefore, leave to defend the suit be granted to
them.
3. Heard Learned Advocates for both the sides.
4. The plaintiff filed the suit for recovery of the amount. The
defendants denied the claim of the plaintiff. The defendants appears to
have raised several issues which requires trial. In order to decide the
real controversy between the parties, it would be appropriate to grant
leave to defendant to defend the suit. If the leave to defend the suit is
not granted, the defendants would suffer serious prejudice. Whereas no
such harm will cause to the plaintiff. Considering the nature of the suit
it would be appropriate to grant unconditional leave to defend the suit
to defendants. I, therefore, proceed to pass the following order:
ORDER
1. Unconditional leave to defend the suit is granted to the defendants.
2. The defendants shall file their written statement on next date.
3. Summons for Judgement No. 160 of 2018 is disposed off.
4. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 22-10-2021 City Civil Court, Gr. MUMBAI
Dictated on : 22-10-2021
Transcribed on : 25-10-2021
checked on : 25-10-2021
Signed on : 25-10-2021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27.10.2021 at 01.15 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of judgment/
order
22.10.2021
Judgment/order signed by P.O. on 25.10.2021
Judgment/order uploaded on 27.10.2021
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