Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: MHCC010052832020 Presented on 24/11/2020
Registered on 06/01/2021
Decided on 03/09/2025
Duration 04Y: 09M: 09D
Exhibit 15
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 23 of 2021
Beena Dilesh Satra ]
Aged :- 52 years, Occupation :- Housewife, ]
An adult Indian Inhabitant, residing at ]
A-4C, Madhav Nagar Society, near ]
Sharadashram School, Bhavani Shankar ]
Road, Dadar (West), Mumbai-400028. ]...Plaintiff
Vs. ]
Kirti C. Chheda (HUF) ]
Age not known, Occupation-Business, ]
An adult Indian inhabitant, ]
Residing at 5th floor, Amrut Tower, ]
Telang Road, Matunga, Mumbai 400019. ]...Defendant
Appearance:-
Ld.Adv. Preeti Gada for the plaintiff.
Defendant absent.
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 03/09/2025.
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.) for recovery of Rs. 2,10,500/- along with
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interest and prayed for further interest from defendant.
Brief facts of the plaintiff’s case may be summarized as under:
02] As per the plaintiff, she has advanced friendly loan of
Rs. 1,50,000/- to the defendant on 06/05/2008 by cheque bearing
No. 280046, drawn on Dena Bank (now known as Bank of Baroda),
Dadar Branch. Defendant has executed bill of exchange cum promissory
note for said amount on 06/05/2008 and agreed to repay said amount
with interest at the rate of 1.25% p.m. Defendant has admitted and
accepted loan amount by confirmation statement dated 01/04/2009 for
the period 01/04/2009 to 31/03/2010. Defendant has regularly paid
interest by cheque and last interest paid by cheque on 07/04/2018 for
the period 01/10/2017 to 31/03/2018. Thereafter, defendant failed to
pay interest as well as loan amount therefore, plaintiff has issued
demand notice on 10/09/2020 by RPAD. Defendant received said notice
however, failed to repay the loan and interest thereon. The plaintiff is
entitled for total amount of Rs. 2,10,500/- including interest. Plaintiff
has relied on Bank Statement, Bill of Exchange, Confirmation Account.
Hence, this suit.
03] Defendant appeared in the matter. Thereafter, plaintiff has
taken out Summons for Judgment No. 58/2021, which came to be
dismissed on 19/06/2024 and defendant was granted conditional leave
to defend the suit with direction to deposit an amount of
Rs. 1,50,000/- within one month from the date of the order. Defendant
has failed to comply the said order. The plaintiff has filed Non Deposit
Certificate vide Exh. 9 on record. Therefore, plaintiff is entitled for
judgment in view of Order XXXVII, Rule 3(6)(b) of C.P.C.
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04] The plaintiff to prove his contention has filed original
documents on record vide list Exh. 5 and 7.
Sr.
No. Exhibit Particulars
1 Exh.5/1 Original Bank Certificate issued by plaintiff’s Bank
2 Exh.5/2 Original Promissory Note/Bill of Exchange dated
06/05/2008 issued by the defendant to the plaintiff.
3 Exh.5/3 Original Balance Confirmation Statement for the period
01/04/2009 to 31/03/2010
4 Exh.5/4 Original Bank Statement of the plaintiff from the period
October 2017 till March 2018
5 Exh.7/1 Translated copy of the Promissory Note dated
06/05/2008
6 Exh.7/2 Office copy of the demand notice dated 10/09/2020 by
plaintiff’s advocate to defendants
7 Exh.7/3 Original copy of the acknowledgment card
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. 2,10,500/-
along with interest from defendant.
from defendant ? If yes, at what
rate of interest ?
Yes, the plaintiff is entitled to
simple interest on the amount
of Rs. 1,50,000/- at the rate of
7% p.a. from 24/11/2020 i.e.
the date of filing the 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, documents and record. Heard Ld counsel
for the plaintiff. As per the plaintiff, she had advanced an amount of
Rs. 1,50,000/- by cheque bearing No. 280046 drawn on Dena Bank,
Dadar brach, dated 06/05/2008. The plaintiff to support the said
contention has filed original Bank Certificate issued by Bank vide List
Exh.5/1. Further, plaintiff has contended that defendant executed
demand promissory note on 06/05/2008. Plaintiff has filed original
promissory note vide list Exh. 5/2 and translated copy of vide list
Exh. 7/1. On perusing said promissory note, it appears that defendant
has borrowed an amount of Rs. 1,50,000/- from the plaintiff and agreed
to repay it at the rate of 1.25% p.m. and it also bears signature of
defendant. Thus, from these documents, it appears that defendant had
borrowed loan of Rs. 1,50,000/- from plaintiff and agreed to repay it
with interest as contended.
07] Further, it is the contention of plaintiff that defendant has
admitted his liability by way of confirmation of accounts dated
01/04/2010. Plaintiff has filed original confirmation of account vide
list Exh. 5/3. On perusing said document, it appears that defendant has
admitted liability of Rs. 1,72,813/- on 01/04/2010. Further, it is the
contention of the plaintiff that defendant has paid interest by cheque
time to time and last interest was paid on 07/04/2018. The plaintiff has
filed extract of bank account vide list Exh. 5/4 along with requisite
certificate. On perusing these statements, it appears that defendant has
paid interest to the plaintiff from time to time. However, thereafter
defendant failed to pay the interest therefore, plaintiff issued demand
notice dated 10/09/2020 and called upon defendant to make the
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payment. The plaintiff has filed office copy of said notice along with AD
card on record vide list Exh. 7/2 and 7/3. On perusing said letter, it
appears that it is received by the defendant and plaintiff had called
upon to make the payment of outstanding amount. Thus, plaintiff by
oral and documentary evidence has proved that defendant had
borrowed an amount of Rs. 1,50,000/- and agreed to repay it with
interest at the rate of 1.25% p.m. Further, defendant though appeared
in the matter and he was granted leave to defend the suit he failed to
comply the order. Therefore, evidence of plaintiff has remained
unchallenged. Hence, plaintiff is entitled for an amount of
Rs.1,50,000/- towards principal and amount of Rs. 60,500/- towards
interest from 01/04/2018 till the date of filing of the suit, total
amounting to Rs. 2,10,500/-.
08] So far as further rate of interest is concerned plaintiff has
claimed interest at the rate of 1.25 % p.m. from the date of filing of the
suit till its realization. However, it appears that the rate of interest
claimed by the plaintiff is excessive in nature as compared to the rate of
interest of Nationalized Bank. Therefore, as per Section 34 of the C.P.C.,
I am of the view that it would be just and proper to grant interest at the
rate of 7% p.a. on the principal amount from the date of filing of the
suit till its realization. Hence, I answer point No. 1 in the affirmative. In
the result, I answer to point No. 2, I proceed to pass the following
order.
O R D E R
1] The Summary Suit No. 23 of 2021 is decreed with costs.
2] The defendant shall pay to the plaintiff an amount of
Rs. 2,10,500/-(Rupees Two Lakhs Ten Thousand Five Hundred
only).
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3] The plaintiff is entitled to simple interest on the amount of
Rs.1,50,000/- at the rate of 7% p.a. from 24/11/2020 i.e. the
date of filing the suit till its full realization.
4] The plaintiff may be entitled to get refund of the court-fees paid,
if any, provided for in rules.
5] The decree shall be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai.
Date: 03/09/2025 Court Room No.81
Dictated on: 03/09/2025
Corrected & signed on: 08/09/2025
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
12/09/2025 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
03/09/2025
JUDGMENT/ORDER signed by P. O. on 08/09/2025
JUDGMENT/ORDER uploaded on 12/09/2025
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