Final Order 1

Order Details: Copy of Judgment
Pdf Text: MHCC010035872020 Presented on : 16.07.2020
Registered on : 06.07.2022
Decided on : 13.03.2026
Duration : 05 Y 07 M 28 D
EXH.10
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.578 OF 2022
Swati Sahebrao Gadge,
Age : 30 years, of Mumbai an adult Indian
Inhabitant having her address at Room
No.01, Plot No.198, Tulja Bhawani Society,
Shivneri Nagar, Shingre Wadi, Bail Bazar,
Kurla (W), Mumbai – 400 070.
Through Her C.A. Priya Dhuri.
...Plaintiff.
VERSUS
Dadabhau Devram Kharat,
Age not known, of Mumbai an adult Indian
Inhabitant, working for gain wth B.M.C.,
B.M.C., “M/E” Ward, Conservancy Dept., 4th
Floor, Room No.402, Devnar Colony,
Mumbai – 400 043. EMP No.4555126,
R/a. : Anand Nagar, N. G. Acharya Marg,
Opp. Acharya Marathe College, Chembur,
Mumbai – 400 071.
…Defendant.
Appearances :
Adv. Ramesh Jain : for Plaintiff.
Ex-parte : for Defendant.
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CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 13th March, 2026.
JUDGMENT
(Ex-parte)
This is a Summary Suit under Order XXXVII Rule.2 of the
C.P.C for recovery of an amount of Rs.2,72,986.30/- (principal amount
Rs.2,00,000/- with 18% p.a based on promissory note. The suit is filed
by C.A. Priya Dhuri.
02] In nutshell the case of the plaintiff is that:
She is doing business of money lending. On 27.06.2018,
defendant executed demand promissory note in her favour of valuable
consideration of Rs.2,00,000/- received. Thus, defendant promised to
pay her Rs.2,00,000/- with 18% p.a on demand. The defendant failed
to pay the amount with accrued interest demanding from time to time.
Hence, on 27.02.2020 legal notice was issued. The defendant failed to
pay the amount. Hence, suit.
03] The writ of summons was duly served on the defendant
vide bailiff Exh.02. However, defendant failed to appear, hence, by an
order dated 29.04.2023, suit was directed to proceed ex-parte.
04] From the pleadings of plaintiff, following points arise for
my consideration and determination, to which I have given my findings
alongwith reasons as under:
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Sr. Points Findings
1. Is plaintiff entitled for recovery of an amount of
Rs.2,72,986.30/- (principal amount Rs.2,00,000/-
with 18% p.a from defendant ?
Affirmative.
2. What order and decree ? As per final
order.
REASONS
05] In order to substantiate her claim, the CA filed her evidence
affidavit vide Exh.03 and also placed reliance on the following
documents namely, Promissory note dated 27.06.2018 (Exh.05),
plaintiff’s advocate letter dated 27.02.2020 (Exh.06), Money Lending
License (Exh.07), Forms under Bombay Money Lending Act (Exh.08)
and Books of Accounts (Exh.09).
AS TO POINT NO.1.
06] Heard Adv. Jain for plaintiff and gone through the entire
documents filed on record. It is the case of the plaintiff that, she is a
registered money lender and advanced an amount of Rs.2,00,000/- to
defendant. The defendant executed demand promissory note which on
demanded failed to repay the amount. In order to prove the same, copy
of Money Lending License (Exh.07) is filed on record. The promissory
note (Exh.05) bears signature of defendant. Due to non-payment notice
(Exh.06) was issued. The suit came to be filed on 16.07.2020. The CA
of plaintiff filed her evidence affidavit. The suit has proceeded ex-parte.
Thus, the plaintiff proved liability of defendant.
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07] In view of the above discussion, the plaintiff is entitled to
recover an amount of Rs.2,72,986.30/- with 9% p.a on principal
amount Rs.2,00,000/- and not 18% p.a as claimed. Hence, I proceed to
pass following order.
ORDER
1. The Summary Suit No.578 of 2022 is partly decreed with costs.
2. The defendant is directed to pay to plaintiff an amount of
Rs.2,72,986.30/- (rounded as Rs.2,72,987/-) (Rs. Two Lakhs
Seventy Two Thousand Nine Hundred and Eighty Seven only) with
9% p.a on principal amount Rs.2,00,000/- from the date of the
filing of the suit till realization.
3. The decree be drawn up accordingly.
4. The Court fees be refunded as per rule.
5. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.: 13.03.2026 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 13.03.2026
Dictated on : 17.03.2026
checked on : 20.03.2026
Signed on : 20.03.2026 (N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.03.2026 at 05.30 p.m.
UPLOAD DATE AND TIME (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
13.03.2026
Judgment/order signed by P.O. on 20.03.2026
Judgment/order uploaded on
due to non working of cis
20.03.2026
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