Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010041342020 Presented on 15/09/2020
Registered on 18/12/2020
Decided on 18/09/2025
Duration 05Y: 00M: 03D
Exhibit 11
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 573 OF 2020
Uma Vijay Mehta ]
Age 33: Occ: Service, having address ]
at 26 Sudarshan Building, 22, L. D. Ruparel ]
Marg, Malbar Hill, Mumbai-400 006. ]
And ]
at present residing at 603, Kavita ]
Building, R. B. Mehta Marg, Ghatkopar ]
East, Mumbai-400077. ]...Plaintiff
Vs. ]
Nimish Mansukhlal Vora ]
Age: unknown Occ: Business ]
residing at 81, Bharat Mahal, 23 D ]
Doongershi Road, Walkeshwar, ]
Mumbai-400 006. ]...Defendant
Appearance :-
Ld. Advocate Sanjay Chaturvedi for plaintiff.
Ld. Advocate Karan Aiya i/b. Tushar Goradia for defendant.
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 18/09/2025.
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CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO.: 81
DATE : 18/09/2025.
JUDGMENT
( Dictated and pronounced in open Court)
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 amount
of Rs. 7,40,000/- including interest and prayed for further interest
from the defendant.
Brief facts of plaintiff’s case may be summarized as under :-
02] As per plaintiff, she is residing on address mentioned in
the cause title. Defendant approached plaintiff in the month of March,
2013 and on the request of defendant, plaintiff advanced loan of
Rs. 5,00,000/- by cheque. Defendant agreed to repay it with interest at
the rate of 12% p.a. Defendant paid interest between 2013 to August
2017 on the said loan. The plaintiff has shown loan advanced to
defendant in his Books of Account for financial year 2014-2015 to
2018- 2019. Defendant has also admitted his liability of outstanding
loan vide his Confirmation of Account for the year 2014-2015 to
2017-2018. Defendant failed to pay interest since the year 2017. As
defendant failed to repay outstanding amount, plaintiff issued notice
dated 31/03/2019, 04/07/2019 and 16/05/2020. Thus, plaintiff is
entitled for an amount of Rs. 7,40,000/- including interest and further
interest at the rate of 12% p.a on principal amount till its realization.
Hence, this suit.
03] Defendant appeared in the matter. Thereafter, plaintiff has
taken out Summons for Judgment No.124/2023, which came to be
dismissed on 09/05/2025 and defendant was granted conditional
leave to defend the suit with direction to depositing 50% of principal
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amount within 60 days. Defendant failed to comply the said order. The
plaintiff has filed Non Deposit Certificate vide Exh.10 on record.
Therefore, plaintiff is entitled for judgment as per Order 37, Rule 3(6)
(b) of C.P.C.
04] The plaintiff has relied on following documents vide List
Exh.5.
Sr.
No. Exhibit Particulars
1 Exh.5/1 Bank Statement of Indian Bank for the period 2009 to
2022.
2 Exh.5/2 Confirmation of Account from Defendant for the year
2014-2015.
3 Exh.5/3 Confirmation of Account from Defendant for the year
2015-2016.
4 Exh.5/4 Confirmation of Account from Defendant for the year
2016-2017.
5 Exh.5/5 Confirmation of Account from Defendant for the year
2017-2018.
6 Exh.5/6 Confirmation of Account from Defendant for the year
2018-2019.
7 Exh.5/7 Letter addressed to the defendant dated 31/03/2019
8 Exh.5/8 Postal acknowledgment card.
9 Exh.5/9 Letter addressed to the defendant dated 04/07/2019.
10 Exh.5/10 Postal receipt.
11 Exh.5/11 Unclaimed envelope containing letter dated
04/07/2019 addressed to defendant with remarks of
postal department.
12 Exh.5/12 Letter addressed to the defendant dated 16/05/2020.
13 Exh.5/13 Postal receipt & acknowledgment card.
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05] Further, on perusing contentions of the plaintiff and
documents on record, following points arose for my consideration, to
which my findings are recorded for reasons given below.
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled
to recover amount of
Rs.7,40,000/- from defendant?
If yes, at what rate of interest ?
Yes, entitled to interest at the rate
of 7% pa. on Rs.5,00,000/- from
15/09/2020 i.e. the date of filing
of the suit till its full realization.
2. What order and decree? As per final order.
R E A S O N S
As to points No. 1 and 2:-
06] Perused plaint, oral and documentary evidence on record.
Heard Ld advocate for plaintiff. As per the plaintiff an amount of
Rs.5,00,000/- was advanced to defendant vide cheque on 14/03/2013.
Defendant agreed to pay interest at the rate of 12% p.a. Accordingly,
defendant paid interest from 2013 to August, 2017. The plaintiff has
filed on record Bank Statement along with requisite certificate vide List
Exh.5/1. On perusing said statement, it appears it substantiate the
contention of the plaintiff.
07] It is the contention of the plaintiff that defendant has
regularly admitted liability by confirmation of accounts for the year
2014-2015, 2016- 2017, 2017-2018 and 2018-2019. The plaintiff has
filed said confirmation of accounts on record vide List Exh.5/2 to 5/6.
On perusing said confirmation account, it appears that defendant has
admitted the liability and lastly admitted his liability on 01/04/2019.
As per the plaintiff, since 2017 defendant failed to pay interest and
after 2019 defendant failed to pay principal amount. Therefore,
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plaintiff issued letter dated 31/03/2019 and 04/07/2019 to defendant
and called upon to make the payment however, letter dated
31/03/2019 though received by defendant failed and neglected to
make the payment. So far as letter dated 4/7/2019 is returned
unclaimed. The plaintiff has filed said letters along with postal
receipts, acknowledgment card and returned envelope vide List
Exh.5/7 to 5/11. Therefore, again plaintiff issued letter dated
16/05/2020 to the defendant and called upon to make the payment of
Rs.7,40,000/- including interest. The plaintiff has filed copy of said
letter along with original postal receipt vide List Exh.5/12 and 5/13.
Though defendant appeared in the matter and he was given
opportunity to defend the suit subject to depositing 50% of principal
amount, defendant failed to comply the said order. Thus, from
documentary evidence of plaintiff it appears plaintiff has proved that
defendant has admitted his liability by confirmation of account and
therefore, he is entitled for an amount of Rs.7,40,000/- including
interest.
08] So far as, further interest is concerned plaintiff has
claimed interest at the rate of 12% p.a. 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. Hence, I answer point No. 1 accordingly. In the result, in
answer to point No. 2, I proceed to pass following order.
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O R D E R
1) Summary Suit No. 573 of 2020 is hereby decreed with the costs.
2) The defendant shall pay an amount of Rs.7,40,000/- (Rupees
Seven Lakhs Forty Thousand only) to the plaintiff.
3) The defendant shall pay to the plaintiff simple interest on
Rs.5,00,000/- at the rate of 7% p.a. from 15/09/2020, 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.
C.R.No.81
Date- 18/09/2025
Dictated on : 18/09/2025
Corrected & signed on : 19/09/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
22/09/2025 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 18/09/2025
JUDGMENT/ORDER signed by P. O. on 19/09/2025
JUDGMENT/ORDER uploaded on 22/09/2025
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