Final Order 25

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. PRANAT KUMAR JOSHI
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS, DELHI
DLNE030000672024
CS No.50/2024
Sh. Rajesh Gupta
S/o Sh. Gauri Shnakar Gupta,
R/o T-135/A, Gali No.9,
Gautam Puri Garhi Mendu
North-East, Delhi-110053
…...Plaintiff
Versus
Sh. Vinod Kumar
S/o Sh. Dwarkadheesh
R/o E-10/B-389, C.P.J.,
New Seelampur, near Vicki Ande Wala
Delhi-110053
......Defendant
Date of Institution : 03.02.2024
Date of reserving the judgment : 16.03.2026
Date of Judgment : 17.03.2026
Decision : Decreed
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Object 1
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SUIT UNDER ORDER XXXVII OF CPC FOR RECOVERY OF
Rs.60,000/- ALONG WITH INTEREST @ 18% P.A.
JUDGMENT
1. Plaintiff has filed the present suit under Order 37 CPC for recovery
of Rs. 60,000/- alongwith pendente lite and future interest @ 18% per
annum w.e.f. 10.01.2022 till the date of actual payment.
2. Plaintiff has briefly stated that in September, 2021 the defendant,
being in financial crisis, approached him for financial help and accordingly
the plaintiff advanced a friendly loan of Rs.60,000/- repayable within three
months. It is the further case of the plaintiff that a written loan agreement
dated 10.09.2021 was executed between the parties. The plaintiff claims
that despite repeated demands and issuance of legal notice dated
08.01.2024, the defendant failed to repay the loan. Hence the present suit
under Order XXXVII CPC filed.
3. Defendant has appeared in response to summons for judgment and
filed an application for leave to defend which was allowed vide order dated
21.08.2025. Despite directions of this court, WS was not filed by the
defendant and due to non-appearance, defendant proceeded ex parte vide
order dated 20.12.2025 and matter proceeded for ex parte PE.
Ex parte evidence: -
4. In ex-parte PE, to his case, plaintiff deposed as PW1. Plaintiff
tendered his ex-parte evidence by way of affidavit as Ex.PW1/A, bearing
his signature at point A and B wherein he reiterated the facts mentioned in
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plaint and relied upon following documents:-
1. Loan agreement dated 10.09.2021 Ex.PW1/1
2. Legal notice dated 08.01.2024 Ex.PW1/2
3. Receipt of Indian Postal Receipt dated
09.01.2024
Ex.PW1/3
4. Internet delivery report Ex.PW1/4, de-exhibited
as Mark B.
5. Thereafter, ex-parte PE was closed on 04.02.2026 and matter was
listed for ex-parte final arguments.
6. I have heard the ex-parte final arguments on behalf of the plaintiff
and perused the record.
Decision with reasons:-
7. The only issue which needs adjudication in this matter is whether
plaintiff has proved its case or not. Plaintiff has brought Loan agreement
dated 10.09.2021 Ex.PW1/1, Legal notice Ex.PW1/2, Receipt of Indian
Postal receipt Ex.PW1/3 and Internet delivery report to prove the recovery
amount.
8. This suit was filed within limitation period and within proper
jurisdiction. Thus, in view of unrebutted testimony of plaintiff, there
appears no bar in decreeing the suit in favour of plaintiff. Therefore, in my
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opinion plaintiff has been successfully able to establish his case.
9. The plaintiff has claimed interest at the rate of 18% per annum.
However, in the considered opinion of this Court, interest @ 18 % per
annum is on a higher side. This Court is of the view that the plaintiff will be
sufficiently compensated if simple interest @ 6 % p.a. is granted to it.
Hence, the plaintiff is only entitled to simple interest @ 6 % per annum on
the principle sum of Rs. 60,000/- from the date of filing of suit till decision
of this case i.e. 17.03.2026.
Relief:
10. Thus, the suit of plaintiff is decreed without costs for sum of Rs.
60,000/- with simple interest @ 6 % p. a from the date of filing of suit till
decision of this court.
11. Decree sheet be prepared accordingly and file be consigned to the
Record Room after due compliance.
Announced in the open court (Pranat Kumar Joshi)
on 17rd March 2026 ACJ-cum-ARC-cum-CCJ
North-East District, KKD, Delhi
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