Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010038782020 Presented on 29/08/2020
Registered on 19/10/2022
Decided on 09/03/2026
Duration 05Y: 06M: 11D
Exhibit 11
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 883 OF 2022
Swati Sahebrao Gadge ]
Age 35 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 ]
Her C. A. Priya Dhuri aged 27 years. ]...Plaintiff
VERSUS ]
Mustafa Dagdu Shaikh ]
Age not known of Mumbai an adult Indian ]
inhabitant working for gain with BMC, “M/EAST”]
Ward, Ajij Baug, drainage Chowki, Near Natraj ]
Talkies Chembur, Mumbai - 400 071., Emp No.4040246]
and residing at Dr. Jakir Hussain Nagar, Virmata, ]
Near Baiganwadi Masjid, Govandi, ]
Mumbai 400043. ]...Defendant
Appearance :
Ld. Advocate Mr. Ramesh Jain for the plaintiff.
Defendant absent (Ex-parte).
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CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 09/03/2026.
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.) for recovery of Rs.1,50,005/-
( Rs.1,50,005.47ps is rounded off to Rs. 1,50,005/-) along with interest
and prayed for further interest from defendant.
Brief facts of plaintiff’s case may be summarized as under :-
02] As per the plaintiff, she is doing the business of money
lending at the address mentioned in cause title. She has filed present
suit through her Constituted Attorney namely, Priya Dhuri. The
defendant is also resident of Mumbai at address mentioned in cause
title. The plaintiff has lent an amount of Rs. 1,00,000/- to the defendant
on 15/11/2017. Defendant has executed a Promissory Note dated
15/11/2017 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 31/07/2020 through her advocate and called
upon him to pay amount of Rs. 1,00,000/- along with accrued interest.
However, the defendant failed and neglected to pay said amount. The
plaintiff prayed for the decree for an amount of Rs. 1,50,005/- with the
further interest at the rate of 18% p.a. on the principal amount of
Rs. 1,00,000/- 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.
The plaintiff has filed affidavit of service at Exh.2. Despite service of the
suit summons, the defendant has not caused his appearance and
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therefore, the suit proceeded ex-parte against him by the order dated
28/06/2023.
04] In support of claim, the plaintiff has filed evidence affidavit
of her Constituted Attorney namely, Priya Rohit Dhuri as P.W.1 at Exh.3
and reiterated her contention for recovery of Rs. 1,50,005/- 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.4. The plaintiff has
closed his evidence vide pursis Exh. 10.
Sr.
No. Exhibit No. Particulars
1 Exh. 05 Promissory Note dated 15/11/2017.
2 Exh. 06 colly. Copy of demand notice dated 31/07/2020 along
with original postal receipt.
3 Exh. 07 Verified copy of Money Lending License.
4 Exh. 08 Verified copy of Form No. 10.
5 Exh. 09 Verified copy of Books of Account.
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 an amount of
Rs.1,50,005/- 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.1,00,000/- from 29/08/2020,
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. Further, the plaintiff has filed evidence affidavit
of her Constituted Attorney namely, Priya Rohit Dhuri as P.W.1 at Exh. 3
in support of her contentions and reiterated contentions in the plaint.
As per the plaintiff, she is money lender. She has filed verified copy of
her Money Lending License at Exh. 7 in support of her contention. On
perusing said license, it appears that plaintiff is authorized money
lender and said license is valid from 01/04/2017 to 31/03/2018.
07] Further, plaintiff to prove that she had lent an amount of
Rs. 1,00,000/- to the defendant on 15/11/2017 has filed verified copy
of Form No. 10 at Exh. 8. Further, to prove defendant has executed a
Promissory Note dated 15/11/2017, she has filed promissory note at
Exh. 5. 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, the defendant has borrowed loan of
Rs.1,00,000 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.1,00,000/-. Defendant has failed to appear and
contest the matter. Therefore, evidence of plaintiff has remained
unchallenged.
08] Plaintiff has contended that the defendant dishonored
demand promissory note. Therefore, she issued demand notice dated
31/07/2020 at Exh. 6 colly. to defendant and called upon him to pay
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principal amount with interest at the rate of 18% p.a. Plaintiff has filed
original postal receipt and returned sealed envelope on record. Thus, in
spite 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. 1,00,000/- to the defendant and
defendant had executed promissory note at Exh.5 to repay said loan
with interest at the rate of 18% p.a. Further, the plaintiff has also filed
verified copy of extract of account at Exh.9 to show that defendant is
liable to pay an amount of Rs. 1,50,005/- alongwith interest at the rate
of 18% p.a. till date of filing suit.
09] 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. 883 of 2022 is hereby decreed with the costs.
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2) The defendant shall pay an amount of Rs.1,50,005/- (Rupees
One Lakh Fifty Thousand and Five only) to the plaintiff.
3) The defendant shall pay to the plaintiff simple interest on
Rs. 1,00,000/- at the rate of 7% p.a. from 29/08/2020, the date
of filing of 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: 09/03/2026 Court Room No.81.
Dictated on: 09/03/2026
Corrected & signed on: 10/03/2026
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
11/03/2026 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 09/03/2026
JUDGMENT/ORDER signed by P. O. on 10/03/2026
JUDGMENT/ORDER uploaded on 11/03/2026
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