Final Order 1

Order Details: Other
Pdf Text: MHCC010132602019 Presented on 18/12/2019
Registered on 18/12/2019
Decided on 03/02/2025
Duration 05Y: 01M: 16D
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMONS FOR JUDGMENT NO. 293 OF 2019
IN
SUMMARY SUIT NO. 1046 of 2019
Mr. Sayalu Hanmanlu Shahapurkar ]
of Mumbai an adult Indian, ]
Inhabitant aged about 35 years, ]
Occupation Money Lender, ]
having his office and residence ]
address at Building No.21-B, ]
Room No.412, Hirandani Akruti, ]
Lallubhai Compound, Mankhurd ]
West Mumbai-400 043. ]... Plaintiff
Versus ]
Mr. Tanaji Savitru Gadkari, ]
of Mumbai an adult Indian, ]
Inhabitant age 57 years, ]
Occupation Service, ]
having his residence address at ]
Krushna-kunj Apartment, ]
Sector No.11, Plot No.23, ]
Building A-wing, Room No. 303, ]
03rd floor, Near to Sushma Patil ]
Vidhyalaya, Kamothe, ]
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Navi Mumbai-410209. ]
And also having his office address at ]
Municipal Corporation for Greater Mumbai, ]
Employee Code No.3460526, ]
Designation:- Mukkadam Yantrachalak, ]
B.M.C. Office, F/South Ward, ]
Vibhag Khatte vidhut Dhulai Kendra, ]
Parel Bhoiwada, Parel Mumbai-12 ]
(Mobile No.8928975299) ]... Defendant
Appearance:-
Ld. advocate B. S. Patil for plaintiff.
Defendant absent.
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 03/02/2025.
ORDER
( Dictated and pronounced in open Court)
01] Plaintiff has filed summons for judgment against defendant
on 07/12/2019. Defendant filed leave to defend the suit and resisted it
and prayed for dismissal of summons for judgment.
02] As per the plaintiff, he is a Money Lender and doing
business of money lending. Defendant is doing service in Municipal
Corporation for Greater Mumbai, B.M.C. Office, F/South Ward, Vibhag
Khatte Vidhut Dhulai Kendra, Parel Bhoiwada, Mumbai. Defendant had
borrowed an amount of Rs. 2,90,000/- on 20/04/2019 and against it
executed promissory note in favour of plaintiff. Defendant had agreed
to repay the said amount with interest @ 18% p.a. As defendant
dishonoured said demand promissory note therefore, plaintiff issued
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demand notice dated 30/09/2019 and called upon defendant to pay the
outstanding amount with interest. It is further submitted that plaintiff
is entitled for an amount of Rs. 2,90,000/- along with interest @ 18%
p.a. which comes to Rs.8,700/-, total amounting to Rs. 2,98,700/-.
Defendant has not raised any substantial defence nor raised issue triable
issue therefore, defendant is not entitled for leave to defend the suit.
Hence, summons for judgment may be allowed.
03] On the other hand, defendant filed leave to defend wherein
it is contended that summons for judgment is not maintainable and
documents filed by the plaintiff are false and fabricated. Further,
defendant has never signed any documents nor borrowed loan from
plaintiff. Further, he is working in B.M.C. and receiving good salary
therefore, there was no need to borrow the loan from the plaintiff.
Hence, leave to defend may be granted.
04] Perused summons for judgment, reply and documents on
record. Heard both the parties. Plaintiff is Money Lender and advanced
an amount of Rs. 2,90,000/- to defendant on 20/04/2019. Defendant
has executed promissory loan and agreed to repay loan at the rate of
18% p.a. Plaintiff to support his contention has filed original demand
promissory note vide List Exh. 10/1. On perusing said document, it
appears that defendant has borrowed an amount of Rs. 2,90,000/- and
agreed to repay it with interest @ 18% p.a. Further, it is the contention
of the plaintiff that defendant dishonoured said demand promissory
note. Therefore, plaintiff issued demand notice dated 30/09/2019. In
order to support his contention, he has filed office copy of notice
alongwith sealed envelope vide List Exh.10/2. On perusing said
envelope, it appears that it is returned with remark 'unclaimed'.
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05] Thus, from demand promissory note vide List Exh. 10/1, it
appears plaintiff had advanced an amount of Rs. 2,90,000/- to the
defendant. However, plaintiff has not filed original Money Lending
License on record. He has filed photocopy of said License vide List
Exh. 10/3. Further, it appears that plaintiff has not filed original Form
No. 10 as well as cash book and ledger book which he has to maintain
as per provisions of Maharashtra Money Lending (Regulations) Act,
2014. The plaintiff has filed photo copy of said documents on record
vide List Exh. 10/1 and 10/4. As per Section 13 of Maharashtra Money
Lending (Regulations) Act, 2014, unless plaintiff proves that he has
valid Money Lending License when he had advanced amount, he is not
entitled for decree. Moreover, it is settled legal position in view of ratio
laid down in Neebha Kapoor Vs. Jayantilal Khandwala and others, AIR
2008 SC 1117 wherein, Hon'ble Apex Court has observed that, '
at the
time of hearing summons for judgment, plaintiff has to file original
documents.' The plaintiff has not filed original documents at the time of
hearing of summons for judgment. Therefore, though defendant has
raised some issues about the maintainability of the suit and documents
are false and fabricated. However, in absence of original documents on
record, I am not inclined to allow the summons for judgment. On the
contrary, I am of the view that it would be just and proper to grant
unconditional leave to defend the suit to defendant. Hence, I proceed to
pass following order.
ORDER
1) Summons for judgment No.293/2019 in Summary Suit
No. 1046/2019 is disposed off as follows:
(a) Defendant is granted unconditional Leave to defend the suit
and directed to file written statement on or before next date.
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2) Summons for judgment No.293/2019 is disposed off
accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Date: 03/02/2025 Court Room No.81
Dictated on : 03/02/2025
Corrected & signed on : 04/02/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
04/02/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER m03/02/2025
JUDGMENT/ORDER signed by P. O. on 04/02/2025
JUDGMENT/ORDER uploaded on 04/02/2025
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