Final Order 1

Order Details: Copy of Judgment
Pdf Text: SS No.1057/ 2021 Mukesh Vs.Shamji
Judgment (Exh.11)
1 of 6
MHCC010012602020 Suit Lodged on : 29.01.2020
Suit Admitted on : 02.12.2021
Suit Decided on : 09.07.2026
Duration : 06Y : 05 M : 11D
Exhibit : 11
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 – Summary Court
Summary Suit No. 1057 OF 2021
Mr. Mukund Mallah Reddy
Age: 61Years, Occupation: Business
resident of Room No.D/22,
Shivaji Nagar, Vashinaka,
Mahul Road, Chembur,
Mumbai-400074 ... Plaintiff.
Versus
Mr. Shamji Bansraj Chauhan
Age: 55 Years, Occupation: Business
New Bharat Nagar,
Hashina Nagar, Hashu Advani Nagar,
Vashinaka, Chembur,
Mumbai-400074 … Defendant.
Appearances :
Plaintiff : Adv. Mrs. Jyoti Dhanure
defendants : Ex-parte.
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 09.07.2026.
***************************************************************
-- 1 of 6 --
SS No.1057/ 2021 Mukesh Vs.Shamji
Judgment (Exh.11)
2 of 6
JUDGMENT
(Delivered on this 09th day of July, 2026)
Suit for recovery of amount of Rs.10,48,000/- with interest.
1. Plaintiff sued defendant to recover Rs.10,48,000/- and also
prayed for interest @ 12% per annum from the date of filing of the suit
till realization of entire amount.
Facts giving rise to the dispute are as under :
2. Plaintiff and defendant know each other since long due to
their business relationship. On 20.03.2015 and 09.09.2015 defendant
borrowed Rs.5,00,000/- each from plaintiff and executed two different
agreements. However, defendant failed to repay amount as agreed. In
September-2019 plaintiff had a meeting with defendant and defendant
acknowledged his liability to repay the amount. As amount was not
repaid plaintiff issued legal notice on 03.11.2019. Defendant did not
refund the amount. Hence, present suit is filed.
3. Writ of summons was issued against defendant. Plaintiff filed
service affidavit Exh.02 before the then Presiding Officer. Inspite of
service of writ of summons, defendant did not appear. Hence, suit
proceeded ex-parte against defendant vide order dated 12.08.2022
4. In order to prove its case, plaintiff filed his evidence affidavit
at Exh.03 and relied on various documents vide Exh.05 to Exh.10. I
have heard Ld. Advocate for plaintiff.
5. Considering nature of dispute, following points arise for my
consideration and I have recorded my findings for the reasons discussed
-- 2 of 6 --
SS No.1057/ 2021 Mukesh Vs.Shamji
Judgment (Exh.11)
3 of 6
as follows:
Sr. Points Findings
1. Does plaintiff prove that defendant
borrowed Rs.5 Lakhs each from
plaintiff on 20.3.2025 and 09.09.2025
by executing agreements?
In the Affirmative.
2 Does plaintiff prove that defendant
failed to repay amount as agreed?
In the Affirmative
3. Whether plaintiff is entitled to recover
any amount from defendant with
interest? If yes, what would be that
amount and rate of interest?
Plaintiff is entitled to
recover Rs.10,00,000/-
with 9% interest p.a.
from the date of suit till
realization of entire
amount.
4. What Order and decree? Suit is partly decreed
with costs.
R E A S O N S
Reasons as to Point Nos. 1 to 4
As all points are interconnected with each other, so they are discussed
together as under :-
6. I have gone through oral evidence of plaintiff wherein,
plaintiff deposed that after executing agreement 20.03.2015 Exh.05 and
09.09.2015 Exh.06 defendant borrowed in all Rs.10,00,000/-(Rupees
Ten Lakhs only). I have gone through Exh.05 and Exh.06, from which it
is evident that twice in presence of witnesses amount was paid to
defendant. Exh.05 and Exh.06 are signed by both the parties and
witnesses. Plaintiff deposed that inspite of so many requests defendant
did not repay the amount. As per plaintiff in September-2019 in a
meeting defendant acknowledged his liability. Said evidence in not
contradicted and challenged by defendant.
-- 3 of 6 --
SS No.1057/ 2021 Mukesh Vs.Shamji
Judgment (Exh.11)
4 of 6
7. Exh.08 is the receipt executed by defendant on 07.09.2019 in
which he admitted his liability to pay Rs.10,00,000/- to plaintiff.
Considering date of Exh.08, suit which is lodged on 29.01.2020 is filed
well within limitation. Plaintiff proved legal notice Exh.09. Plaintiff also
proved reply notice 04.11.2019 Exh.10. Despite of having opportunity
defendant did not appear and contested the claim on merit. Hence,
there is no reason to disbelieve oral and documentary evidence of
plaintiff.
8. Thus, plaintiff is entitled to recover Rs.10,00,000/-. In
pleading it is contention of plaintiff that amount was given to defendant
without interest. Exh.05 and Exh.06 doesn’t speak any thing about
interest. Hence, plaintiff is not entitled to 12% interest p.a. Likewise,
plaintiff is not entitled to claim amount Rs.48,000/- which plaintiff is
claiming as an interest till date of filing suit. Considering facts and
circumstances of present case, plaintiff is entitled to 9% interest p.a on
Rs.10,00,000/- from the date of suit till realization.
9. Hence, I answer point Nos.1 and 2 in affirmative and point
No.3 as Plaintiff is entitled to recover Rs.10,00,000/- with 9% interest
p.a. from the date of suit till realization of entire amount. Suit thus
deserves to be partly decreed with costs. As answer to point No.4,
following order is passed :
ORDER
1. Summary Suit No.1057/2021 is partly decreed with costs.
2. Plaintiff is entitled to recover Rs.10,00,000/- ( Rupees Ten
Lakhs only) with 9% interest p.a. from the date of suit till
realization of entire amount.
3. Defendant shall pay above referred amount with interest to
-- 4 of 6 --
SS No.1057/ 2021 Mukesh Vs.Shamji
Judgment (Exh.11)
5 of 6
plaintiff within three months from date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Sd/-
Mumbai
Dated : 09.07.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
-- 5 of 6 --
SS No.1057/ 2021 Mukesh Vs.Shamji
Judgment (Exh.11)
6 of 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF CLERK-TYPIST
09.07.2026 05.00 p.m. Mrs. Swapnali Jagtap
Clerk-Typist
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
09.07.2026
Judgment/order signed by P.O on 09.07.2026
Judgment/order uploaded on 09.07.2026
-- 6 of 6 --