Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010033872020 Presented on 20/03/2020
Registered on 20/10/2020
Decided on 02/04/2026
Duration 06Y: 00M: 13D
Exhibit 16
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 357 OF 2020
Yallapa Pochchapa Jadhav ]
age 30 years, Indian Inhabitnat ]
carrying on business at Room No.78, ]
Makadwala Chawl, Jay Shankar ]
Chowk, Masarani Lane, Halav Pul, ]
Kurla (W), Mumbai-400 070. ]...Plaintiff
V/s. ]
Sanoj Tejpal Dulgach ]
adult, working for gain with KHFM ]
Hospitality & Facility Mangement ]
Services Ltd; Emp Code No.11135, ]
PF A/c No.MH/94337/3425, ]
‘Nirmal Plaza’ Makhwania Road, ]
Andheri (E), Mumbai 400059 and ]
residing at Ganesh Wadi, Near ]
Basant Cinema, Dr. C. Gidwani Road, ]
FCI, Chembur, Mumbai 400 074 ]...Defendant
Appearance :
Ld. Advocate Mr. Rajesh M. Patil for the plaintiff.
Defendant absent (Ex-parte).
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2 SUM SU NO.357/2020
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 02/04/2026.
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.), by the plaintiff for recovery of
Rs.2,99,000/ 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 also
resident of Mumbai at address mentioned in cause title. The plaintiff
lent an amount of Rs.2,00,000/- to the defendant on 29/03/2017.
Defendant has executed a Promissory Note dated 29/03/2017 and
agreed to repay said loan with interest at the rate of 18% p.a. Further,
in spite of demands and reminders, the defendant failed to pay the said
amount. Therefore, the plaintiff issued the demand notice dated
10/03/2020 through his advocate and called upon him to pay amount
of Rs.2,00,000/- with interest. However, the defendant failed and
neglected to pay said amount. The plaintiff prayed for the decree for an
amount of Rs.2,99,000/- with the further interest at the rate of 18%
p.a. on the principal amount of Rs. 2,00,000/-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.
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 13/08/2021.
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3 SUM SU NO.357/2020
04] In support of claim, the plaintiff has filed his affidavit of
claim at Exh.7 and reiterated his contention for recovery of
Rs.2,00,000/- along with the further interest at the rate of 18% p.a.
The plaintiff has filed and relied upon the following documents vide List
Exh.8. The plaintiff has closed his evidence vide pursis Exh. 15.
Sr.
No. Exhibit No. Particulars
1 Exh. 09 Original demand Promissory Note dated
29.03.2017.
2 Exh. 10 colly. Office copy of demand notice dated 10.03.2020
along with postal receipts and A. D. card.
3 Exh. 11 Copy of Money lending License.
4 Exh. 12 Copy of Form No.10 verified from original. Exh-13
Copy of Cash Entry.
5 Exh. 13 Copy of Cash Entry.
6 Exh. 14 Copy of Ledger Entry.
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.2,99,000/-
from the defendant? If yes, at
what rate of interest?
Yes, the plaintiff is entitled to
interest at the rate of 7% p.a. on
Rs.2,00,000/-from 20/03/2020,
the date of filing of suit till its full
realization.
2. What order and decree? As per final order
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R E A S O N S
As to Points No. 1 and 2 :-
06] Perused plaint, Oral and documentary evidence. Heard Ld.
counsel for the plaintiff. The plaintiff has filed his claim affidavit at
Exh.7 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.11 in support of his contention. On
perusing said license, it appears that plaintiff is authorized money
lender and said license is valid from 14/06/2016 to 31/03/2017.
07] Further, plaintiff to prove that he had lent an amount of
Rs. 2,00,000/- to the defendant on 29/03/2017 has filed verified copy
of Form No. 10 at Exh. 12. Further, to prove defendant has executed a
Promissory Note dated 29/03/2017, he has filed promissory note at
Exh.9. Further, it appears from said documents that defendant had
agreed to repay said amount with interest at the rate of 18% p.a. On
perusing promissory note, it appears that it bears thumb impression and
signature of defendant. Further, defendant has borrowed loan of
Rs.2,00,000/-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.2,90,000/-. Defendant has failed to appear and
contest the matter. Therefore, evidence of plaintiff has remained
unchallenged.
08] Plaintiff has contended that defendant dishonored demand
promissory note. Therefore, he issued demand notice dated 10/03/2020
at Exh.10colly. to defendant and called upon him to pay principal
amount with interest at the rate of 18% p.a. Plaintiff has filed original
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5 SUM SU NO.357/2020
postal receipt and A.D.Card on record. Thus, it appears that the
defendant has received the said notice. However, inspite of demand
notice as well as writ of summons 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. 2,00,000/-to the defendant and defendant
had executed promissory note at Exh.9 to repay said loan with interest
at the rate of 18% p.a. Further, plaintiff has also filed verified copy of
extract of account at Exh.13 and 14 resp. to show that defendant is
liable to pay an amount of Rs.2,00,000/- along with interest at the rate
of 18% p.a. till date of filing suit.
9] So far as further interest is concerned, plaintiff has claimed
interest at the rate of 18% p.a. on the basis of promissory note.
However, I am of the view that the same is excessive as compared to the
rate of interest of Nationalized Banks. Therefore, having regard to the
provision of section 34 of the Civil Procedure Code, I am of the view
that granting the further interest at the rate of 7% p.a. on the principal
amount from the date of filing of suit would be just, proper and
reasonable. Hence, I hold that the plaintiff is entitled to interest at the
rate of 7% p.a. on the principal amount, from the date of filing the suit
till its full realization and hence, I answer point No. 1 accordingly. In
the result, in answer to point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No.357 of 2020 is hereby decreed with the costs.
2) The defendant shall pay an amount of Rs.2,99,000/- (Rupees
Two Lakh Ninety Nine Thousand only) to the plaintiff.
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3) The defendant shall pay to the plaintiff simple interest on
Rs. 2,00,000/-at the rate of 7% p.a. from 20/03/2020, the date of
filing of the suit till its full realization.
4) The plaintiff is entitled to get refund of the court-fees provided
for, if any as per Rules.
5) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Date: 02/04/2026 Court Room No.81.
Dictated on: 02/04/2026
Corrected & signed on:02/04/2026
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7 SUM SU NO.357/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
07/04/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 02/04/2026
JUDGMENT/ORDER signed by P. O. on 02/04/2026
JUDGMENT/ORDER uploaded on 07/04/2026
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