Final Order 1

Order Details: Other
Pdf Text: ..1.. Summary for Judgment No.240/2019
MHCC010101462019 Presented on : 05/10/2019
Registered on : 05/10/2019
Decided on : 01/07/2024
Duration : 04Y 08M 28D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMONS FOR JUDGMENT NO.240 OF 2019
(CNR NO.MHCC01-010146-2019)
IN
SUMMARY SUIT NO.712 OF 2018
Mr. Kantilal Bastimal Jodhavat,
Of Mumbai an adult Indian Inhabitant,
Occupation Business, having his address at
Room No.1603, Siddhesh Apartment,
Khataralli Lane, C. P. Tank, Mumbai – 400 002.
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VERSUS
Mr. Sharad Dattar Karangutkar,
of Mumbai, an adult Indian Inhabitant,
Occupation : Service having his work place
address at Municipal Corporation for Greater
Bombay C. No.20024580, employee Code
No.3968718, Designation Clerk, D.M.C. (G.A.)
Municipal Secretary, Mahapalika Marg, near to
Chhatrapati Shivaji Maharaj Railway Station,
Mumbai – 400001, and having his residence
address at Municipal House No.8, p-16, Leelabai
Patrachawl 27B, B, Dr. Shirodkar Road (N),
Dadabhai Chawl, Ne Leela, Mumbai – 12.
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Appearance :-
Learned Advocate Balbheem Patil for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.84.
DATE : 01/07/2024.
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..2.. Summary for Judgment No.240/2019
O R D E R
1 This summary suit is filed for recovery of amount. The
plaintiff has come with the case that he had advanced friendly loan of
Rs.2,00,000/- to the defendant on 05/12/2015, who issued a receipt
regarding the loan on the same day. Plaintiff also stated that defendant
issued a post dated cheque of Rs.2,00,000/- drawn on Bank of
Maharashtra on 20/11/2017, but informed the plaintiff to not present
the said cheque in the bank. The defendant had agreed to repay the
amount of Rs.2,00,000/- alongwith interest at the rate of 18% per
annum but failed and neglected to do the same. The cheque dated
20/11/2017 is still lying with the plaintiff. Consequently, plaintiff
issued a notice calling upon the defendant to pay the amount of
Rs.2,00,000/-, but in vain. Therefore, plaintiff is entitled for recovery
of amount alongwith interest at the rate of 18% per annum.
2 In response to the writ of summons, defendant appeared
and tendered vakalatnama and thereafter, plaintiff took out instant
summons for judgment for passing decree in its favour. The summons
for judgment was served upon defendant, but he failed to file reply,
hence, summons for judgment is proceeded further.
3 Plaintiff tendered his affidavit of evidence (Exhibit-07)
alongwith documents as per list (Exhibit-06). Heard learned advocate
for plaintiff.
4 The evidence adduced by the plaintiff remain
unchallenged. It reveals from the record that plaintiff has tendered
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..3.. Summary for Judgment No.240/2019
original loan receipt of Rs.2,00,000/- dated 05/12/2015 alongwith
cheque dated 20/11/2017 (Exhibit-09), it bears signature of the
defendant. Inconsequence of failure to pay the amount under the
receipt, the plaintiff has issued a notice (Exhibit-10) on 05/02/2018.
Thus, the plaintiff is entitled for recovery of amount of Rs.2,00,000/-.
5 The omission on the part of the defendant to proceed with
the suit and to raise defence shows that the defendant has no good
defence to challenge the claim of plaintiff and as per the provisions of
Order XXXVII Rule 2(3) of the Code of Civil Procedure, plaintiff is
entitled for decree of amount under the receipt.
6 So far as interest is concerned, the plaintiff is claiming
interest at the rate of 18% per annum from the defendant, however, I
am of the view that it is an exorbitant rate of interest. No doubt the
plaintiff has suffered loss in business and profit, due to failure to repay
the amount by the defendant. Had it been paid to the plaintiff as per
demand, he would have invested and would have earned profit
therefrom. Therefore, I am of the view that the plaintiff is entitled for
interest at the rate of 9% per annum from date of legal notice i.e.
05/02/2018, till its full realisation.
7 As the defendant has made plaintiff constrained to file the
suit, he is also liable to pay the costs. In the result, I proceed to pass
the following order :-
ORDER
1. Summons for Judgment No.240 of 2019 in Summary
Suit No.712 of 2018, is hereby allowed.
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..4.. Summary for Judgment No.240/2019
2. Summary Suit No.712 of 2018, stands partly decreed
with costs.
3. Defendant do pay the plaintiff sum of Rs.2,00,000/-
alongwith interest at the rate of 9% per annum from
05/02/2018, till its full realisation.
4. Decree be drawn up accordingly.
5. Court fees, if any, be refunded as per rule.
6. Summons for Judgment disposed of accordingly.
(Order dictated and pronounced in open Court)
( Shaikh Akbar Shaikh Jafar )
Judge, City Civil Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 01/07/2024.
Dictated and typed on : 01/07/2024.
Signed by HHJ on :
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..5.. Summary for Judgment No.240/2019
“Certified to be true and correct copy of the original signed order”.
06/07/2024
at about 12.00 p.m.
(Ms. Sonali S. Sawant)
Stenographer (Grade-III)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge, Court
Room No.84, Mazgaon, Mumbai
Date of pronouncement of Order : 01/07/2024
Order signed by Hon'ble Judge on : 05/07/2024
Order uploaded on : 06/07/2024
at about 12.00 p.m.
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