Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Sum. Suit No.535 of 2022
MHCC010035632020 Presented on 16-07-2020
Registered on 18-06-2022
Decided on 31/08/2026
Duration 04 Y: 02 M: 13 D
Exhibit 08
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 535 OF 2022
GANGARAM MALKU GADGE
Age: 65, Occupation : Nil.
Address: Room No. 11, Stany Welfare Housing
Society, Opp. Building No. 16, Wadia Estate, Bail
Bazar Kurla West, Mumbai 400 070.
]
]
]
]
] ...Plaintiff
Versus
SANDEEP SHANTARAM MOHITE
Age: Adult, Occupation : Nil.
Address: B.M.C. Conservancy Dept., L Ward, S.
G. Barve Road, Kurla West, Mumbai 400 070 and
Chawl No. 1, Manipada, C.S.T. Road, Kalina,
Santacruz E, Mumbai 400 029.
]
]
]
] ...Defendant
Appearance :
Ld. Advocate Ramesh Jain for the plaintiff.
Defendant absent -Ex-parte.
CORAM : HHJ S. S. PARAVE (C.R.No.84)
DATE : 31/08/2026
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Judgment 2 Sum. Suit No.535 of 2022
J U D G M E N T
This is suit filed under Order XXXVII of Code of Civil
Procedure, 1908, for recovery of an amount of Rs.1,53,358.90ps.(One
Lakh Fifty Three Thousand Three Hundred Fifty Eight Rupees and
Ninety Paise Only) along with future interest on the principal amount.
In short, the case of plaintiff is as under:-
2. The plaintiff is licensed money lender. The defendant took
loan of Rs.1,00,000/-(Rs. One Lakh Only) from the plaintiff. On
24/04/2017, she executed demand promissory note of Rs.1,00,000/-
(Rs.One Lakh Only) and thereby promised to repay the amount on
demand along-with interest @18% p.a. On 15/02/2020, by issuing
demand notice the plaintiff made demand of the amount of
Rs.1,00,000/-(Rs. One Lakh Only) to the defendant along-with interest
thereon. However, the defendant failed to repay the amount. According
to the plaintiff, on the date of filing of the present suit an amount of
Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred Fifty
Eight Rupees and Ninety Paise Only) was outstanding towards the
defendant. In the circumstances, the plaintiff filed present suit and
requested for money decree directing the defendant to pay an amount
of Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred
Fifty Eight Rupees and Ninety Paise Only) to him along-with interest
@18% p.a. on principal loan amount.
3. The defendant served with the writ of suit summons
14/03/2024. Despite service of writ of summons, defendant failed to
appear. Hence, as per order dated 12/11/2024, the suit proceeded ex-
parte against the defendant.
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Judgment 3 Sum. Suit No.535 of 2022
4. Points for determination and my findings thereon along-
with reasons stated thereto are as follows:-
Sr. No. Points Findings
1. Whether the plaintiff is
entitled for the suit claimed.
If, yes to what extent?
Yes to the extent of
Rs.1,53,358.90ps.(One Lakh
Fifty Three Thousand Three
Hundred Fifty Eight Rupees and
Ninety Paise Only) and entitled
to get interest @7% on the
principal amount i.e.
Rs.1,00,000/-(Rs. One Lakh
Only) from the date of suit till
the realization of entire amount.
2. What order and decree? As per final order
R E A S O N S
As to Point No.1 :-
5. In order to substantiate her case the plaintiff examined her
power of attorney Priya Dhuri (PW.1) at Exh.5 She states in his
evidence that the plaintiff is licensed money lender. She authorized him
to act and appear in the suit on behalf of her by issuing power of
attorney (Exh.P5). The defendant took loan an amount of Rs.1,00,000/-
(Rs. One Lakh Only) from him. On 24/04/2017, he executed demand
promissory note (Exh.P1) for the consideration of Rs.1,00,000/-(Rs.
One Lakh Only) and thereby agreed to pay the said amount on demand
along-with interest @18% p.a. The aforementioned oral evidence of
Priya Dhuri (PW.1) is not challenged by the defendant.
6. The oral evidence of Priya Dhuri (PW.1) and contents of the
demand promissory note (Exh.P1) placed on record satisfy the
requirement of proof of execution of demand promissory note (Exh.P1).
On the proof of execution demand promissory note (Exh.P1)
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Judgment 4 Sum. Suit No.535 of 2022
presumption vide Section 118 of Negotiable Instrument Act can be
raised that it was made for consideration and it was made or drawn on
the date appearing on it. Since, the oral as well as documentary
evidence on the record is not challenged by the defendant, the
presumption attached to demand promissory note (Exh.P1) is remained
un-rebutted. In the circumstances, on the strength of oral evidence of
Priya Dhuri (PW.1), and the un-rebutted presumption, it is clear that the
defendant by executing promissory note (Exh.P1) agreed to pay an
amount of Rs.1,00,000/-(Rs. One Lakh Only) on demand, to the
plaintiff along-with interest of the rate of 18%p.a.
7. Priya Dhuri (PW.1) states in his evidence that on demand
the defendant failed to pay the amount of Rs.1,00,000/-(Rs. One Lakh
Only) along-with interest thereon as promised by executing demand
promissory note (Exh.P1). The defendant also failed to comply the
demand notice (Exh.P2) dated 15/02/2020. The recitals of demand
notice (Exh.P2) and RPAD envelope (Exh.P3 and P4) shows that the
plaintiff made demand of Rs.1,00,000/-(Rs. One Lakh Only) to the
defendant on 15/02/2020. The defendant has not challenged the
factum of issuance of the demand notice (Exh.P2) and its service on
him. Hence, it is clear that in spite of demand, the defendant failed to
pay the amount promised to be paid under demand promissory note
(Exh.P1).
8. The plaintiff states in her evidence that on the date of the
filing of the present suit an amount of Rs.1,53,358.90ps.(One Lakh Fifty
Three Thousand Three Hundred Fifty Eight Rupees and Ninety Paise
Only) was due towards the defendant. The said contention of the
plaintiff is not challenged by the defendant. On applying the rate of
interest agreed to be paid under the demand promissory note (Exh.P1),
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Judgment 5 Sum. Suit No.535 of 2022
the due amount on the date of the filing of suit can be calculated as
Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred Fifty
Eight Rupees and Ninety Paise Only). Hence, it is clear that on the date
of filing of the present suit an amount of Rs.1,53,358.90ps.(One Lakh
Fifty Three Thousand Three Hundred Fifty Eight Rupees and Ninety
Paise Only) was due and payable towards the defendant.
9. Considering the date of demand made by the plaintiff and
the date of filing of the present suit, it is clear that the suit is well within
limitation. Hence, the plaintiff is entitled to recovery an amount of
Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred Fifty
Eight Rupees and Ninety Paise Only) from the defendant. Hence, it is
clear that the plaintiff is entitled for the suit claim to the extent of
Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred Fifty
Eight Rupees and Ninety Paise Only). Therefore, I answer point No.1 in
the affirmative to that extent.
As to Point No.2 :-
10. In view of the affirmative finding of point No.1, it is clear
that the plaintiff is entitled for the suit claim to the extent of
Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred Fifty
Eight Rupees and Ninety Paise Only). Hence, the suit will have to be
decreed and the defendant will have to be directed to pay an amount of
Rs.1,53,358.90ps.(One Lakh Fifty Three Thousand Three Hundred Fifty
Eight Rupees and Ninety Paise Only)to the plaintiff.
11. Herein the plaintiff has claimed interest @18% p.a. from
the date of suit till the realization of the entire amount. 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
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Judgment 6 Sum. Suit No.535 of 2022
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.2 accordingly and I pass the following
order:-
O R D E R
1. Summary Suit No.535 of 2022 is hereby decreed
with the costs.
2. The defendant shall pay an amount of
Rs.1,53,358.90ps.(One Lakh Fifty Three
Thousand Three Hundred Fifty Eight Rupees and
Ninety Paise Only). to the plaintiff.
3. The defendant shall pay interest at the rate of 7%
p.a. on Rs. 1,00,000/- (Rs. One Lakh Only) to
the plaintiff from the date of suit till the
realization of the entire amount.
4. The decree be drawn up accordingly.
(S. S. Parave)
Adhoc Judge,
City Civil Court Mazgaon,
Mumbai
Court Room No.84.
Date: 31/08/2026
Directed typed on : 31/08/2026.
Signed by HHJ on : 31/08/2026.
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Judgment 7 Sum. Suit No.535 of 2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Pooja R. Sonune
Name of Typist01/09/2026 At about 06.00
p.m.
Name of the Judge (With C.R. No.) HHJ S. S. Parave
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
31/08/2026
JUDGMENT / ORDER signed by
P.O. on
31/08/2026
JUDGMENT / ORDER uploaded on 01/09/2026
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