Final Order 1

Order Details: Copy of Judgment
Pdf Text: Summary Suit No.572 of 2022
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Judgment
MHCC010035552020 Presented on : 16.07.2020
Registered on : 06.07.2022
Decided on : 21.05.2026
Duration : 05 Y : 10 M : 04 D
Exhibit : 10
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.572 OF 2022
Swati Sahebrao Gadge,
Age : 30 years, of Mumbai,
an adult Indian inhabitant, having her address at
Room No.1, plot No.198, Tulja Bhawani Society,
Shivneri Nagar, Shingre Wadi, Bail Bazar, Kurla (W),
Mumbai – 400 070.
Through C.A. Priya Dhuri.
...Plaintiff.
VERSUS
Dadabhau Devram Kharat,
Age not known of Mumbai an adult Indian
Inhabitant working for gain at B.M.C., BMC “M/E”
Ward, Conservancy Dept., 4th Floor, Room No.402,
Devnar Colony, Mumbai -400043.
EMP. Code – 45551126.
R/a. : Anand Nagar, N.G. Acharya Marg, Opp.
Acharya Marathe College, Chembur,
Mumbai – 400 071.
…Defendant.
Appearances :
Adv. Madhuri Shirke h/f.
Adv. Ramesh Jain.
: for Plaintiff.
Ex-parte. : For Defendant.
CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 21st May, 2026
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J U D G M E N T
(Ex-parte)
This is a suit under Order XXXVII, Rule.2 of C.P.C for
recovery of an amount of Rs.2,72,197.26 with 18% p.a on principal
amount of Rs.2,00,000/- based on Demand Promissory Note. The suit is
filed through C.A Priya Dhuri.
2. The brief facts of the plaintiff is that:
She is a registered money lender. On 27.06.2018 defendant
for valuable consideration of Rs.2,00,000/- received executed demand
promissory note of Rs.2,00,000/- thereby promising to pay the said
amount with 18% p.a. The said amount was demanded from time to
time from defendant with accrued interest, however, he neglected and
failed to pay the amount. On 27.02.2020, legal notice through advocate
was issued to defendant calling upon him to pay the amount with
accrued interest. Inspite of receipt of notice, defendant failed. Hence,
suit for recovery of an amount of Rs.2,72,197.26 with 18% p.a.
3. The defendant was duly served with writ of summons vide
Exh.02, however, he failed to appear. Hence, by an order dated
20.09.2023, 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. Is plaintiff entitled for recovery of an amount of
Rs. 2,72,197.26 with 18% p.m on principal amount of
Rs.2,00,000/- from defendant ?
Partly
Affirmative.
2. What order and decree ? As per final
order.
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Judgment
REASONS
5. In order to substantiate the suit claim, the C.A of plaintiff
filed his claim affidavit vide Exh.03 and also placed reliance vide list
(Exh.04) on the following documents namely, demand promissory note
(Exh.05), Legal Notice (Exh.06), Money Lender License (Exh.07), Forms
(Exh.08) and Books of Accounts (Exh.09).
AS TO POINT NO.1 :
6. Heard Adv. Madhuri Shirke for plaintiff. Gone through the
plaint and documents filed on record. From the Money Lender License
(Exh.07) it reveals, plaintiff is a registered money lender. The demand
promissory note (Exh.05) reveals it is signed and executed by defendant
as it bears his signature and thumb impression wherein he agreed to
pay to plaintiff Rs.2,00,000/-. According to plaintiff when the amount
was demanded, defendant failed to pay which resulted in issuance
notice Exh.06. The C.A of plaintiff filed his evidence affidavit vide
Exh.03 which is verbatim of plaint. As the suit proceeded ex-parte, there
is no any challenge to the pleadings, evidence and the documents. Thus,
the suit is deemed to have been admitted.
7. As discussed above, the suit is ex-parte, therefore,
pleadings, evidence and the documents have gone unchallenged.
Therefore, the allegations in the plaint is deemed to be admitted. Thus,
plaintiff proved liability of defendant of Rs.2,72,197.26 which
defendant is liable to pay to plaintiff. As regards the rate of interest,
plaintiff claimed 18% p.a, however, I am of the view that 6% p.a would
be reasonable rate of interest on the principal amount from the date of
filing of the suit till realization. Hence, I answer point No.1 partly in the
affirmative.
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AS TO POINT NO.2 :
8. In view of my finding to point No.1, the suit is liable to be
partly decreed with costs and the plaintiff is entitled to recover Rs.
Rs.2,72,197.26 from defendant with 6% p.a on the principal amount
Rs.2,00,000/- from the date of filing of the suit till realization with cost
of the suit. In the result, I proceed to pass following order.
ORDER
1. The Summary Suit No.572 of 2022 is partly decreed with
costs.
2. The defendant is directed to pay to plaintiff an amount of
Rs. 2,72,197.26 (rounded as Rs.2,72,197/-) (Rs. Two Lacs
Seventy Two Thousand One Hundred and Ninety Seven)
with 6% p.a on the principal amount of Rs.2,00,000/- from
the date of filing of the suit till realization.
3. The decree be drawn up accordingly.
4. The R and P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:21.05.2026. City Civil Court, Mazgaon,
MUMBAI
Dictated on : 21.05.2026
Transcribed on : 21.05.2026
checked on : 21.05.2026
Signed on : 21.05.2026.
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.05.2026 at 4.15 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
21.05.2026
Judgment/order signed by P.O. on 21.05.2026
Judgment/order uploaded on 21.05.2026
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