Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Sum Suit No.232/2020
MHCC010019762020 Presented on : 13/02/2020
Registered on : 24/02/2020
Decided on : 14/08/2025
Duration : 05Y : 06M : 01D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXH-12
SUMMARY SUIT NO.232 OF 2020
BABAN DEVAJI JANKAR
carrying business of money lending at and from
Vijay Niwas, Jivdaya Lane, L.B.S. Marg, Ghatkopar
(West), Mumbai – 400 086.
]
]
]
] ..Plaintiff
Versus
SUDHIR SAHDEV SHINDE
working for gain at TLS Vehicle Assist Pvt. Ltd.,
B-601, Kanara Business Centre, Ghatkopar Andheri
Link Road, Designation Support Executive,
Department Administration, Ghatkopar (East),
Mumbai-400 075.
Residing at Sharifabhai Chawl, Sainath Nagar, Near
KVK School, Ghatkopar (W), Mumbai 400 086.
]
]
]
]
]
]
]
] ..Defendant
Appearance :-
Ld. Adv. Ramesh Jain for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84.
DATE : 14/08/2025.
J U D G M E N T
1) This summary suit is filed for recovery of amount vide
Order XXXVII of Code of Civil Procedure, 1908.
-- 1 of 5 --
..2.. Sum Suit No.232/2020
2) The facts in brief are as under -
Plaintiff advanced loan of Rs.1,20,000/- to the defendant.
Defendant executed a demand promissory note on 05/04/2019,
whereby he agreed to repay the amount of Rs.1,20,000/- on demand
along with interest at the rate of 18% per annum. However, defendant
failed to repay the same as agreed. Amount of Rs.1,36,037.26/- is due
from the defendant. The demand notice was issued to defendant.
Defendant did not comply the same. Hence, this Suit.
3) The first writ of summons was served upon the defendant.
Defendant did not appear. Hence, matter proceeded ex-parte against
the defendant.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons as under :
POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.1,36,037.26/- and
further interest on Rs.1,20,000/- at the
rate of 18% p.a. from next day of filing
of the Suit till payment or realization, as
claimed ?
...Partly Yes
2. What order ? ...As per final order.
R E A S O N S
5) The plaintiff Baban Devaji Jankar has filed claim affidavit.
Plaintiff has relied upon documentary evidence produced at Exh-09,
Exh-10 colly and 10A.
-- 2 of 5 --
..3.. Sum Suit No.232/2020
AS TO POINT NOS.1 & 2 :-
6) PW-1 Baban Devaji Jankar has deposed that, plaintiff
advanced loan of Rs.1,20,000/- to the defendant. Defendant executed a
demand promissory note on 05/04/2019, whereby he agreed to repay
the amount of Rs.1,20,000/- on demand along with interest at the rate
of 18% per annum. However, defendant failed to repay the same as
agreed. Amount of Rs.1,36,037.26/- is due from the defendant. The
demand notice was issued to defendant. Defendant did not comply the
same.
7) On perusal of documents produced by the plaintiff Exh-09,
Exh-10 colly and 10A, it is evident that defendant had obtained loan of
Rs.1,20,000/-. He has signed promissory note to that effect in favour of
plaintiff. However, he failed to repay the amount of Rs.1,20,000/-.
Plaintiff has produced the copy of money lending license at Exh-10A.
As per the evidence of plaintiff, amount of Rs.1,36,037.26/- is due from
the defendant on the date of suit. Defendant has not appeared in the
present suit. Therefore, the case of plaintiff has remained unchallenged.
Plaintiff is seeking further interest at the rate of 18% p.a.. In the
promissory note at Exh-09, the interest rate is mentioned as 18% p.a.
However, said interest rate seems to be excessive. In my view, interest
at the rate of 7% p.a. from the date of suit till the date of decree with
further interest at the rate of 6% p.a. from the date of decree till its
realization would meet ends of justice. Hence, while answering point
Nos.1 and 2 in partly affirmative, I pass the following order :-
ORDER
1. Summary Suit No.232 of 2020 is partly decreed with
costs.
-- 3 of 5 --
..4.. Sum Suit No.232/2020
2. Defendant shall pay an amount of Rs.1,36,037.26/-
(Rupees One Lakh Thirty-Six Thousand Thirty-Seven
and Twenty-Six Paise Only) to plaintiff with interest at
the rate of 7% p.a. from the date of suit till the date of
decree with further interest at the rate of 6% p.a. from
the date of decree till its realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.84
Dated : 14/08/2025
Dictated and typed on : 14/08/2025.
Signed by HHJ on : 14/08/2025.
-- 4 of 5 --
..5.. Sum Suit No.232/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer18/08/2025 3.15 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
14/08/2025
JUDGMENT / ORDER signed by P.O.
on
14/08/2025
JUDGMENT / ORDER uploaded on 18/08/2025
-- 5 of 5 --