Final Order 1

Order Details: Other
Pdf Text: Summons for Judgment No. 234/19 in Sum.Suit No. 740/19. 1 Order.
MHCC010097342019
Presented on : 24-09-2019
Registered on : 24-09-2019
Decided on : 06-05-2023
Duration : 3 years, 7 months, 12 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SUMMONS FOR JUDGMENT NO. 234 OF 2019
IN
SUMMARY SUIT NO. 740 OF 2019
Harsha Vikram Sahjwani, Adult, Indian )
Inhabitant of Bombay, aged 60 Years, )
residing at 43, Monalisa Building, )
Bomanji Petit Road, Off Warden Road, )
Mumbai–400 036 )...Plaintiff
Versus
1. Viren Bhansali, Adult, Indian Inhabitant )
of Bombay age and full name not known, )
carrying on business in the name and style )
of Navdurga Enterprises a Proprietory )
Concern as its Sole Proprietor at )
65, 2nd Floor, Jagat Satguru Ind. Estate, )
Vishweshwar Nagar, Off. Aarey Road, )
Goregaon (E), Mumbai – 400 063 and )
residing at B102, Juhu Trishul, 1 st Floor, )
Gulmohar Cross Road No.6 JVPD, )
Mumbai400 049 )
2. Sangeeta Viren Bhansali, Adult Indian )
Inhabitant of Bombay age not known )
carrying on business in the name and style )
of Bleu Magic Wear, a Proprietory Concern )
as its Sole Proprietor at 74, 2nd Floor, )
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Summons for Judgment No. 234/19 in Sum.Suit No. 740/19. 2 Order.
Jagat Satguru Ind. Estate, Vishweshwar )
Nagar, Off. Aarey Road, Goregaon (E), )
Mumbai–400 063 and residing at )
B102, Juhu Trishul, 1 st Floor, )
Gulmohar Cross Road No.6, JVPD, )
Mumbai–400 049 )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 6th MAY, 2023.
Miss Kavita S. Lalwani, Advocate for the plaintiff.
Shri Hitesh Dubey, Advocate for the defendants.
ORDER
1. The plaintiff has filed the suit for recovery of Rs.1,69,000/
alongwith interest on Rs.1,60,000/ at the rate of 18% p.a. with cost of
the suit.
2. It is case of the plaintiff that she had advanced loan of
Rs.9,60,000/ and defendant no.2 had executed Bill of Exchange dated
05/07/2016. It is further case of the plaintiff that amount of
Rs.8,00,000/ is paid. Balance amount is yet to be recovered with
accrued interest.
3. On the contrary, the defendants have disputed execution of
Bill of Exchange. It is contended in leave to defend that the blank
cheques were issued and the same are misused. The defendants have
paid amount of Rs.10,59,200/ as per bank statement. The defendants
filed copy of bank statement with application (Exh.6).
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Summons for Judgment No. 234/19 in Sum.Suit No. 740/19. 3 Order.
4. It is contended by the plaintiff in rejoinder that the
defendants have paid discounted cheque on 05/07/2016 after
deduction of TDS of Rs.28,800/. The defendants are now stating that
the discount paid and confirmed by them as interest. The cheques
issued in favour of the plaintiff were never blank. The plaintiff has
received ten part payments of Rs.80,000/ by cheques and the
defendants have on their own accord paid further interest/discount for
extension of time sought by the defendants.
5. Heard learned counsel Miss Kavita Lalwani for the plaintiff
and learned counsel Shri Hitesh Dubey for the defendants.
6. Record of the case shows that the defendants had issued
Cheque No. 777705 of Rs.1,60,000/ dated 08/04/2019 drawn on
Samata Sahakari Bank Limited in favour of the plaintiff and it was
dishonoured due to closure of the account as per intimation dated
10/04/2019. In short, rendering of money and payment of interest is
not matter of dispute. The defendants have admitted basic financial
transactions between the parties. Defence taken by the defendants is not
acceptable. The defendants do not have just and valid ground to grant
leave to defend. The plaintiff is entitled to recover the cheque amount
alongwith accrued interest from the defendants. Costs of the suit is
liable to be saddled on the defendants. Hence, I pass the following
order :
ORDER
1. Summons for Judgment No. 234/2019 is made absolute.
2. Summary Suit No. 740/2019 is decreed.
3. The defendants are directed to pay sum of Rs.1,69,000/
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Summons for Judgment No. 234/19 in Sum.Suit No. 740/19. 4 Order.
alongwith further interest of Rs.1,60,000/ at the rate of 18% p.a.
to the plaintiff from the date of the suit till its realization within
three months from the date of decree.
4. The defendants shall bear the cost of the suit.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 06/05/2023. Mumbai.
1. Dictated on : 06/05/2023.
2. Transcribed on : 06/05/2023.
3. Checked and Signed on : 08/05/2023.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
08/05/2023. 2.55 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 06/05/2023.
Judgment/Order signed by P.O. on 08/05/2023.
Judgment/Order uploaded on 08/05/2023.
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