Final Order 1

Order Details: Copy of Judgment
Pdf Text: SS No. 778/2022 Ambalal Vs. Neev Judgment (Exh.18) 1 of 6
MHCC010055952019 Suit Lodged on : 04.06.2019
Suit Admitted on : 03.07.2019
Suit Decided on : 13.07.2026
Duration : 07 Y : 01 M : 09 D
Exhibit : 18
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 – Summary Court
Summary Suit No. 778 OF 2022
Ambalal Sardarmal Chowhan HUF,
Through its Karta and Manager,
Ambalal Sardarmalji Chowhan, Age : 65 Yrs.
of Mumbai, an adult Indian Inhabitant,
having address at Megha Apartment, B Wing,
5th Floor, Block No.502, Gunpoder Road,
Mazgaon, Mumbai – 400 010.
… Plaintiff.
Versus
1. Neev Realtors,
A firm having its address at Neev Vittoria
Nesbit Raod, Next to Mazgaon Sales Tax
Office, Mumbai - 400 010.
2. Chandulal V. Jain
3. Jitendra Jain
4. Alkesh Jain
5. Hemal Jain
Age and full name not known,
All of Mumbai, an adult Indian Inhabitant,
Partners of Neev Realtors at and from Neev
Vittoria Nesbit Road, Next to Mazgaon Sales
Tax Office, Mumbai – 400 010. … Defendants.
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SS No. 778/2022 Ambalal Vs. Neev Judgment (Exh.18) 2 of 6
Appearances :
Plaintiff : Adv. Ramesh Jain.
Defendant Nos.1 & 3 : Adv. Minal S. Parab.
Defendant Nos.2, 4 & 5 Adv. Sanjay Anabhawane.
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 13.07.2026
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JUDGMENT
(Delivered on this 13th day of July, 2026)
Suit for recovery of amount of Rs.6,10,301.36 with interest.
1. Plaintiff sued defendants to recover Rs.6,10,301.36 and also
prayed for interest @ 12% per annum on principal amount
Rs.5,00,000/- from the date of filing of the suit till realization of entire
amount.
Facts giving rise to the dispute are as under :
2. As per plaintiff on 22.07.2011, defendants borrowed
Rs.5,00,000/-. That amount was paid to them by plaintiff vide cheque
No.51189311 drawn on Union Bank of India, Mazgaon. Defendants
borrowed this amount as a financial assistance for business purpose.
From time to time, defendants confirmed account. However, they failed
to repay amount as agreed. So, on 24.12.2018, plaintiff issued a letter
to them. As amount was not paid, hence, present suit is filed. Initially
suit was filed on 04.06.2019 as Commercial Summary Suit having
number 42/2019. However, later on, it was converted to Summary Civil
Suit as per order dated 20.09.2022.
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3. Writ of summons was issued against defendants. All the
defendants appeared in the proceeding. Thereafter, plaintiff had taken
out Summons for Judgment No.178/2021. It was decided on
10.04.2023 and conditional leave was granted to defendant Nos.1 and 3
subject to depositing Rs.3,00,000/- within two months.
4. Defendants failed to deposit said amount as per order. Plaintiff
filed Non-Deposit Certificate dated 07.12.2023 vide Exh.10. Plaintiff
tendered evidence affidavit at Exh.12 and relied on documents vide
Exh.13 to Exh.17.
5. Ld. advocate for plaintiff submits that only defendant No.1
and 3 filed reply to Summons for Judgment. Despite of order, they did
not deposit the amount Rs.3,00,000/- within two months. Hence, Ld.
advocate for plaintiff submits that suit may be decreed.
6. Considering nature of dispute, following points arise for my
determination and I have recorded my findings for the reasons
discussed as follows:
Sr. Points Findings
1. Whether plaintiff is entitled to
judgment forthwith as per Order
XXXVII, R.3(6)(b) of the Code of Civil
Procedure?
In the Affirmative.
2. Whether plaintiff is entitled to recover
any amount with interest?
Plaintiff is entitled to
recover Rs.6,10,301.36
and entitled to 9% p.a.
interest on principal
amount Rs.5,00,000/-
from the date of suit till
realization of entire
amount.
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3. What Order and decree? Suit is partly decreed
with costs.
R E A S O N S
Reasons as to Point Nos. 1 to 3 :
As all points are interconnected with each other, so they are discussed
together as under :-
7. As per O.XXXVII, R3(6)(b) of the Code of Civil Procedure (the
Code for short), plaintiff is entitled to decree, if defendants failed to
give security as per order of the Court. Based on evidence affidavit
Exh.12 and documents Exh.13 to Exh.17, Ld. advocate for plaintiff
submits that suit may be decreed. Non-Deposit Certificate Exh.10 very
clearly says that defendant Nos.1 and 3 did not deposit amount as per
order on Summons for Judgment dated 10.04.2023. Rest of the
defendants though appeared, but not filed reply to Summons for
Judgment.
8. On this backdrop, oral and documentary evidence needs to be
gone through prior to disposing of this suit. Evidence affidavit of Mr.
Ambalal which is at Exh.12 narrates all the facts relating to this suit.
Original passbook is at Exh.13. Relevant entry 27.07.2011 says that
Rs.5,00,000/- was paid to defendants vide cheque No.51189311. This
evidence is conclusive. Exh.14 to Exh.16 are the confirmation of
accounts by defendants. Plaintiff proved letter Exh.17.
9. Thus, there is no reason to disbelieve oral and documentary
evidence on record. Hence, O.XXXVII, R3(6)(b) of the Code, plaintiff is
entitled to judgment forthwith. Plaintiff is entitled to Rs.6,10,301.36.
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Said amount also include amount of interest from 01.04.2017 till filing
of suit. Principal amount is Rs.5,00,000/-. Plaintiff is claiming 12% p.a.
interest on principal amount. It is exorbitant rate of interest. So far as,
interest from the date of filing suit is concerned, plaintiff is entitled to
9% p.a. interest on principal amount only.
10. Hence, I answer point Nos.1 in affirmative and point No.2 as
‘Plaintiff is entitled to recover Rs.6,10,301.36 and entitled to 9%
p.a. interest on principal amount Rs.5,00,000/- from the date of
suit till realization of entire amount.’ Suit thus deserves to be partly
decreed with costs. As answer to point No.3, following order is passed :
ORDER
1. Summary Suit No. 778/2022 is partly decreed with costs.
2. Plaintiff is entitled to recover Rs.6,10,301.36 (Rupees Six
Lakhs Ten Thousand Three Hundred One and Thirty Six Paise
Only) and entitled to 9% p.a. interest on principal amount
Rs.5,00,000/- (Rupees Five Lakhs Only) from the date of suit
till realization of entire amount.
3. Defendants shall jointly and severally pay above referred
amount with interest to plaintiff within three months from
date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Mumbai
Dated : 13.07.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
13.07.2026 16.40 p.m. Manisha Srinath
Stenographer - Grade I
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
13.07.2026
Judgment/order signed by P.O on 13.07.2026
Judgment/order uploaded on 13.07.2026
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