Final Order 1

Order Details: Copy of Judgment
Pdf Text: Summary Suit No.293 of 2020
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Judgment
MHCC010023652020 Presented on : 24.02.2020
Registered on : 29.07.2020
Decided on : 25.03.2026
Duration : 06 Y : 01 M : 01 D
Exhibit :
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.293 OF 2020
M/s. Shree Maruti Courier Services Pvt. Ltd.,
A company registered under The Indian Companies
Act, 1956,
Represented through its Regional Manager,
Mr. Ranabhai S. Kodiyatar,
Having its Regional office Address at :
Shop No.10 and 11, Parshmani Commercial
Complex, MMGS Marg, Naigaon Cross Road,
Dadar East, Mumbai – 400 014.
...Plaintiff
VERSUS
Mr. Siddharth Sahebrao Sawant,
Adult, Indian Inhabitant of Mumbai,
Age about : Not known, Occ. : Not known,
having address at Shop No.2, Ground Floor,
“Usha CHS Ltd.” Kopri, Thane East, Dist. Thane.
…Defendant.
Appearances :
Adv. Shivani Prasad : for Plaintiff.
Ex-parte. : For Defendant.
CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 25th March, 2026
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J U D G M E N T
(Ex-parte)
This is a suit under order Order XXXVII, Rule.2 of C.P.C for
recovery of an amount of Rs.1,00,000/- with 24% p.a based on cheque.
2. The brief facts necessary to decide the suit is that:
The plaintiff and defendant entered into a Leave and
License Agreement dated 26.03.2018 duly registered with the Sub-
Registrar of Assurance for a period of 24 months in respect of Shop
No.2, ground floor, Usha CHS limited, Kopri, Thane (E). As per clause
10 of the agreement, the plaintiff informed defendant vide letter dated
26.06.2019 about vacating the licensed premises from 30.06.2019. On
the assurances of defendant about return of the security deposit, they
handed over possession of the shop on 30.06.2019. As per clause 3 of
the agreement Rs.1,00,000/- was given to defendant by way of security
deposit. However, inspite of repeated reminders and regular follow ups
defendant failed to refund the amount of Rs.1,00,000/-. On 22.10.2019
legal notice was issued. As defendant failed to refund the amount.
Hence, suit.
3. The defendant was duly served with writ of summons vide
Exh.02. He failed to appear. Hence, by an order dated 16.06.2022 suit
was directed to proceed ex-parte.
4. From the pleadings, following points arise for my
consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Are plaintiffs entitled for recovery of an amount of
Rs.1,00,000/- with 24% p.a from defendants ?
Partly
Affirmative.
2. What order and decree ? As per final
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order.
REASONS
5. In order to substantiate the suit claim, plaintiff examined
their Regional Manager Mr. Ranabhai S. Kodiyatar vide Exh.03. They
placed reliance on the document namely Board Resolution, certified
copy of Leave and License, copy of letter dated 26.06.2019, copy of
ledger account, copy of legal demand notice and postal receipts. It seen
that the documents remained to be exhibited. They are marked as Exh.7
to Exh.12 respectively.
AS TO POINT NO.1 :
6. Heard Adv. Shivani Prasad for plaintiff and gone through
the written notes of argument Exh.06. From the copy of registered
Leave and License (Exh.08) it reveals plaintiffs had taken the shop on
monthly rent of Rs.22,500/- for first 12 months and thereafter
Rs.24,000/- p.m for next 12 months. As per clause 10 of the agreement,
the locking period was 6 months. Clause 3 goes to show that
Rs.1,00,000/- was paid as security deposit. The letter (Exh.09) goes to
show plaintiffs informed defendant that they will be vacating premises
from 30.06.2019 and also requested to refund the security deposit
amount of Rs.1,00,000/-. The ledger account Exh.10 reveals
Rs.1,00,000/- was paid by NEFT from Axis Bank, Dadar. Inspite of
vacating the premises, defendant failed to refund the security deposit
amount which led to filing of the suit.
7. The Regional Manager Mr. Ranabhai filed his evidence
affidavit in which he re-iterated the contents of the plaint in verbatim.
As the suit proceeded ex-parte, there is no any challenge to the
pleadings as well as the evidence affidavit. Therefore, from the
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documents filed on record and the unchallenged evidence of witness of
plaintiff, the plaintiffs proved an amount of Rs.1,00,000/- was paid as
security deposit which is due and payable by defendant. Therefore, the
plaintiffs are entitled to recover the said amount. They claimed interest
of Rs.24%, however, there is no such clause in the Leave and License
agreement. Therefore, I am of the view that interest of 9% p.a would be
reasonable rate of interest that too from the date of filing of the suit till
realization. Hence, I answer point No.1 in the affirmative.
8. In the result, I proceed to pass following order.
ORDER
1. The Suit No.293 of 2020 is decreed with costs.
2. The defendant is directed to pay to plaintiff an amount of
Rs.1,00,000/- with 9% p.a from the date of filing of the suit till
realization.
3. The decree be drawn up accordingly.
4. The Court fees be refunded as per rules.
5. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:25.03.2026. City Civil Court, Mazgaon,
MUMBAI
Dictated on : 25.03.2026
Transcribed on : 26.03.2026
checked on : 27.03.2026
Signed on : 27.03.2026.
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27.03.2026 at 5.45 p.m.
UPLOAD DATE AND TIME
(Mrs. Manisha Srinath)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
25.03.2026
Judgment/order signed by P.O. on 27.03.2026
Judgment/order uploaded on 27.03.2026
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