RAVI R. MEKALA Vs. ARTI DIGAMBAR HONRAO

JUDGEMENT

(1.) Challenge in this petition is to the order dated 10 th December 2021 passed by City Civil Court Mumbai and order dated 20 th April 2023, in Review Petition No 136 of 2022. The respondent filed summary suit No.901 of 2015, based on promissory note issued by the petitioner. According to the plaintiff, he gave friendly loan of Rs.5,00,000.00 to the defendant. The defendant had issued demand promissory note along with cheque. On presentation, cheque were dishonoured. Since, there was failure to repay the amount The plaintiff filed summary suit for recovery of Rs.5,00,000.00 along with the interest.

(2.) In the said suit, the plaintiff took out summons for judgment. Petitioner/Defendant filed written statement and sought leave to defend. Leave to defend was sought on the ground that Rs.5,00,000.00 were never paid to the defendant. There was relationship of employer and employee. By misusing the said relationship, the plaintiff got signature of defendant on the promissory note and the cheque. The signatures on the promissory note and cheques was under coercion.

(3.) Therefore, the plaintiff sought unconditional leave to defend. The City Civil Court by order dated 10 th December 2021, granted conditional leave to defendant, subject to defendant depositing amount of Rs.2,50,000.00 within one month. On deposit of amount, defendant was granted liberty to file written statement. The defendant filed review application bearing No. 136 of 2022. The Trial Court by order dtd. 20/4/2023, dismissed the review application. The petitioner has, therefore, filed present writ petition challenging both orders.