Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010011522020 Presented on 28.01.2020
Registered on 13.02.2020
Decided on 06.05.2026
Duration 6 Y, 3 M, 9 D
Exhibit 13
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 228 OF 2020
Janappa Sagya Kunchikurve, Age 38 Yrs.
of Mumbai an adult Indian inhabitant
having his address at A.K.G. Nagar,
Shop No.1, 60 Feet Road, Shopping
Centre, Dharavi, Mumbai, 400017. ]...Plaintiff
VERSUS
Bhima Dhuraji Hirve,
age not known of Mumbai an adult
Indian inhabitant residing at Goutam
Nagar Behind Tayammadevi,
Temple Laldongar, Chembur (E)
Mumbai - 400071 ]...Defendant
Appearance :
Ld. Advocate Mr. Ramesh Jain for the plaintiff.
Defendant absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 06/05/2026
J U D G M E N T
01] This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (C.P.C.) for recovery of Rs.64,466/-
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( Rs. 64,465.75ps rounded off as Rs. 64,466/-) along with interest and
prayed for further interest from the defendant.
Brief facts of plaintiff’s case may be summarized as under :-
02] As per the plaintiff, he is doing the business of money
lending at the address mentioned in cause title. The defendant is
working for gain on the address mentioned in the title cause. The
plaintiff lent an amount of Rs.50,000/- to the defendant on
08/09/2016. Defendant has executed a Promissory Note dated
08/09/2016 and agreed to repay said amount. Further, in spite of
demands and reminders, the defendant failed to pay the said amount.
Therefore, the plaintiff issued demand notice dated 15/07/2019
through his advocate informing the defendant of the dishonour of the
promissory note and calling upon him to pay the amount of Rs.50,000/-
with interest. After receipt of the notice, defendant made paymet of
Rs.15,000/- towards interest on 19/10/2019 and it was confirmed by
executing Form No.9 on 19/10/2019. Therefore, the plaintiff prayed for
the decree for amount of Rs,64,466/- with the further interest at the
rate of 18% p.a. on the principal amount of Rs.50,000/- from the date
of filing the suit till its full realization. Hence, this suit.
03] The defendant was served with the writ of suit summons
on 28/12/2023. The plaintiff has filed affidavit of service at Exh. 4.
Despite service of the suit summons, the defendant has not caused his
appearance and therefore, the suit proceeded ex-parte against him by
the order dated 24/04/2024.
04] In support of claim, the plaintiff filed his affidavit of claim
at Exh. 5 and reiterated his contention for recovery of Rs,64,466/- along
with the further interest at the rate of 18% p.a. The plaintiff close his
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evidence vide Exh.12. The plaintiff has filed and relied upon the
following documents vide List Exh. 6.
Sr.
No. Exhibit No. Particulars
1 Exh. 7 Original Promissory Note dated 08/09/2016
2 Exh. 8 Colly Copy of demand notice dated 15/07/2019 along
with original postal receipt.
3 Exh. 9 Verified copy of money lending license.
4 Exh. 10 Verified copy of forms under Bombay Money
Lending Act.
5 Exh. 11 Verified copy of Books of accounts.
05] To decide the present suit, following points arose for
consideration to which my findings are recorded against each of them
for the reasons given below:
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled to
recover amount of Rs. 64,466/-
from the defendant ? If yes, at what
rate of interest ?
No.
2. What order and decree? As per final order.
R E A S O N S
As to points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence on record.
Heard Ld advocate for plaintiff. The plaintiff has filed his claim affidavit
at Exh. 5 in support of his contentions and reiterated contentions in the
plaint. As per the plaintiff, he is money lender. He has filed verified copy
of his Money Lending License at Exh. 9 in support of his contention. On
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perusing said license, it appears that plaintiff is authorized money
lender and said license is valid from 01/04/2016 to 31/03/2017.
07] Further, plaintiff to prove that he had lent an amount of
Rs.50,000/- to the defendant on 08/09/2016 has filed verified copy of
Form No.8 at Exh. 10. Further, to prove defendant has executed a
Promissory Note dated 08/09/2016, he has filed promissory note at
Exh. 7. Further, it appears from said documents that defendant had
agreed to repay said amount. On perusing promissory note, it appears
that it bears signature and thumb impression of the defendant. Further,
defendant have borrowed loan of Rs.50,000 and agreed to repay as
contended by the plaintiff. Moreover, plaintiff enjoys presumption under
Section 118(a) of Negotiable Instruments Act, 1881, which supports the
contention of the plaintiff that the present promissory note was
executed for the valuable consideration of Rs.50,000/-. Defendant has
failed to appear and contest the matter. Therefore, evidence of plaintiff
has remained unchallenged.
08] Plaintiff has contended that defendant dishonoured
demand promissory note. Therefore, he issued demand notice dated
15/07/2019 at Exh. 8 colly to defendant and called upon him to pay
principal amount with interest at the rate of 18% p.a. Plaintiff has filed
original returned sealed envelope on record. Thus, in spite of service of
writ of summons, the defendant failed to appear and contest the matter.
Hence, in view of Rule 2(3) of order XXXVII of C.P.C., owing to failure of
defendant to cause appearance, it needs to be presumed that the
defendant admits the allegations contained in the plaint. Thus, I am of
the view that plaintiff has proved that he had advanced an amount of
Rs.50,000/- to the defendant and they had executed promissory note at
Exh. 7 to repay said loan with interest at the rate of 18% p.a. Further,
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plaintiff has also filed verified copy of extract of account at Exh. 10 to
show that defendant is liable to pay an amount of Rs.64,466/-
alongwith interest at the rate of 18% p.a. till date of filing suit.
09] As per the plaintiff, an amount of Rs.50,000/- was
advanced on 08/09/2016, it is also evident from the promissory note at
Exh.7. Further, it is the contention of the plaintiff that the defendant
made part payment of Rs.15,000/- towards interest on 19/10/2019. It
is pertinent to note that the plaintiff ought to have filed suit on or
before 07/09/2019 i.e. within 3 years from the date of the promissory
note. The plaintiff is claiming extension of limitation on the basis of
payment of Rs.15,000/- towards interest on 19/10/2019. It is pertinent
to note that except bare words there is nothing on record to show that
the defendant has made part payment. As per Section 19 of Limitation
Act, if part payment is made within the prescribed period of limitation
then party is entitled for extension for limitation. In the present case, it
appears that the part payment is made after the three years of
prescribed period of limitation i.e. after 07/09/2019. Even, there is
nothing on record that the defendant after making part payment of
Rs.15,000/-, it was accompanied by a signed writing acknowledging the
debt to extend period of limitation in view of section 18 of Limitation
Act. Therefore, I am of the view that plaintiff is not entitled for
extension of limitation in view of Section 19 of Limitation Act. Thus, I
am of view that suit is barred by limitation. Therefore, the plaintiff is
not entitled for relief claimed. Hence, I answer point No. 1 in the
negative. In the result, in answer to point No. 2, I proceed to pass
following order.
O R D E R
1) Summary Suit No. 228 of 2020 is hereby dismissed.
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2) No order as to costs.
3) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Court Room No.81.
Date: 06/05/2026
Dictated on: 06/05/2026
Corrected & signed on: 06/05/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
06/05/2026 Uploaded by Mrs. Prachi Y. Potdar, Steno
Order typed by HHJ
Name of the Judge
(with Court Room No.)
Shri. Sangram S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER
06/05/2026
JUDGMENT/ORDER signed by P. O. on 06/05/2026
JUDGMENT/ORDER uploaded on 06/05/2026
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