Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 201/21 in Comm. Suit No. 95/19. 1 Order.
MHCC010005932021
Presented on : 20-01-2021
Registered on : 20-01-2021
Decided on : 16-03-2021
Duration : 0 years, 1 months, 27 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 201 OF 2021
IN
COMMERCIAL SUIT NO. 95 OF 2019
Moolchand Dalichand Jain and Others ...Plaintiffs
Versus
Mr. Haresh Sankalchand Hirani ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 16th MARCH, 2021.
Mr. Rahul Choube, Advocate for Plaintiffs.
Mr. Mudras, Advocate for Defendant.
ORDER
This is a motion taken out by defendant, challenged
tenability of suit in present form. Perused reply submitted by plaintiff.
2. Learned Adv. Mudras for defendant submits that in view of
Section 13 of Maharashtra Money Lending (Regulation) Act, 2014, suit
is not tenable in absence of valid licence for money lending. It is
requested to dismiss the suit.
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N/m No. 201/21 in Comm. Suit No. 95/19. 2 Order.
3. Learned Adv. Rahul Choube for plaintiff submits that there
is no business of money lending of plaintiff. Plaintiff has handed over
the amount to defendant as financial assistance. It was agreed to repay
the amount with interest. Plaintiff has handed over the amount by
cheque as mentioned in plaint. It is requested to dismiss the motion.
REASONS
4. Admittedly, in view of Section 13 of Maharashtra Money
Lending (Regulation) Act, 2014, no Court shall pass a decree in favour
of a money lender unless there is a valid money lending licence with a
money lender. However, the definition of loan given under Section
2(13), loan means an advance and interest. However, there are some
exclusion. In exclusion (i), if there is no primary object of lending of
money, it will require no money lending licence.
5. On perusal of factual aspect, there is no primary object of
money lending. However, financial assistance is advanced by the
plaintiff to the defendant and it's refund is agreed with interest at the
rate of 12% p.a. There is no assertion on behalf of defendant about
denial of receipt of payment as averred in para 3 of the plaint i.e.
Rs.5,00,000/ paid by the plaintiff vide Cheque No. 936584 dated
13/04/2012. Therefore, there is no substance in motion.
6. It is to note that appropriate issue in respect of tenability of
the suit and limitation is framed vide Exh.4. Considering legislative
intent of commercial court, it is necessary to expedite the matter. Both
side to submit list of witnesses and case management hearing. Hence,
the order :
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N/m No. 201/21 in Comm. Suit No. 95/19. 3 Order.
ORDER
1. Notice of Motion No. 201/2021 stands rejected, no order of
cost.
2. N/m No. 201/21 is disposed off accordingly.
(NOTE: As issues are ready, parties to expedite hearing.)
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 16/03/2021. Mumbai.
1. Dictated on : 16/03/2021.
2. Transcribed on : 16/03/2021.
3. Signed on : 18/03/2021.
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
18/03/2021. 5.33 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 16/03/2021.
Judgment/Order signed by P.O. on 18/03/2021.
Judgment/Order uploaded on 18/03/2021.
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