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MHCC010044022018 1 2021-02-25
MHCC010044022018 1 2021-02-25
MHCC010044022018
Presented on : 03-04-2018
Registered on : 10-04-2018
Decided on : 25-02-2021
Duration : 2 years, 10 months, 22 days
IN THE COURT OF
COURT 1 ADDL SESSIONS JUDGE AT Mumbai,Mumbai
Presided Over by HHJ SHRI. M. S. AZMI
SUIT/101054/2018
Exhibit No.: 11
Versus
REASONS
Point nos.1 to 4
5. It is the contention of the plaintiffs that plaintiffs and
deceased Ibrahim Chougule executed friendly loan agreement. The
plaintiffs have paid an amount of Rs.25 lacs to Ibrahim Chougule. The
deceased- Ibrahim Chougule agreed to repay the said loan amount as
and when demanded by the plaintiffs. The deceased assured to pay
50% of the profit every month in the business of the plaintiffs and he
shall continue to pay the same till repayment of the loan amount. The
document of friendly loan agreement (Ex.5) is filed on record. There is
no challenge to the evidence of plaintiff no.1 in that regard. The
plaintiffs have led evidence to that effect and has established the
execution of the said agreement between them and deceased- Ibrahim
Chougule. The other contention of the plaintiffs is that as per clause(5)
of the agreement it contemplates that deceased- Ibrahim Chougule
agreed that if anything happened to him and loss to the business, the
plaintiffs can claim the loan amount by acquiring/selling the property
owned by deceased- Ibrahim Chougule i.e. Gala no.3, Ground floor,
231-B, Weavers Building, Maulana Azad Road, Madanpura, Mumbai-
400 008. It is also the recital in the agreement about knowledge of this
agreement to his family members. From the plaint avernments and the
evidence of the plaintiffs it is apparent that deceased- Ibrahim
Chougule passed away on 06/12/2017. The contention of the plaintiffs
is that plaintiffs demanded the said loan amount after his demise from
the defendants but they failed and neglected to pay the amount. On
the contrary, they filed complaints against the plaintiffs. The plaintiffs
5
have issued notice (Ex.6) through their advocate and called upon the
defendants that as per the knowledge of the plaintiffs, the defendants
are legal heirs and representatives of the deceased and they have
inherited the estate held by the deceased. They called upon the
defendants to furnish names and addresses of other heirs and legal
representatives. Further they called upon the defendants to make the
payment of Rs.25 lacs being the outstanding principal amount due and
payable together with interest of 18% p.a. from 01/08/2017 till the
date of payment. Further they called upon the defendants to disclose
the assets of the said deceased. The postal packets (Ex.7 and 8) are
placed on record which shows that the defendants refused the service
and therefore it is deemed service.
6. The contention of the Ld.Counsel for the plaintiffs is that
agreement stipulates that Gala no.3, Ground floor, 231-B, Weavers
Building, Maulana Azad Road, Madanpura, Mumbai was the property
owned by deceased. It has been inherited by the defendants and
therefore the defendants are liable to pay the amount. The
notice(Ex.6) issued by the plaintiffs itself contemplates that the
plaintiffs are not aware about all the legal heirs and representatives of
the deceased, so they called upon the defendants to provide all the
information regarding all the legal heirs and representatives of the
plaintiffs. Merely the plaintiffs issuing notice to the defendants will not
be sufficient to consider that the defendants are legal heirs and
representatives of the deceased. The defendants did not respond to the
summons issued to them and therefore the matter was proceeded
exparte. If at all it is considered that defendants avoided the
proceedings it does not mean that they are legal heirs and
6
1. Suit is dismissed.
Dictated on : 25/02/2021
Transcribed on: 03/03/2021
Signed on : 04/03/2021