Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Sum. Suit No.713 of 2018
MHCC010073392018 Presented on 19/06/2018
Registered on 11/07/2018
Decided on 24/08/2026
Duration 08Y: 02M: 05D
Exhibit 10
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO.713 OF 2018
Mr. Kantilal Bastimal Jodhavat
Age: 51 years, Occupation : Business,
Address: Room NO. 1603, Siddhesh Apartment,
Khataralli Lane, C. P. Tank, Mumbai - 400002.
]
]
]
] ...Plaintiff
Versus
1. Mr. Dipak Yashavant More
Age: Adult, Occupation : Service,
Address: BEST, Wadala Depot. Shade Building,
Ambedkar College, Wadala Depot, Dadar East
and Block No. 3, Saidham Society, Rameshwadi,
Badalapur East.
2. Mr. Suresh Waman Nabar
Age: Adult, Occupation : Service,
Address: BEST, Wadala Depot. Shade Building,
Ambedkar College, Wadala Depot, Dadar East
]
]
]
]
]
]
]
]
]
] ...Defendants
Appearance :
Ld. Advocate Shri. Balbhim Patil for the plaintiff.
Defendant: Ex-parte.
CORAM : HHJ S. S. PARAVE (C.R.No.84)
DATE : 24/08/2026
J U D G M E N T
This is suit filed under Order XXXVII of Code of Civil
Procedure, 1908, for recovery of an amount of Rs.2,81,000/-(Rs.Two
Lakh Eighty One Thousand) along with future interest.
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Judgment 2 Sum. Suit No.713 of 2018
In short, the case of plaintiff is as under:-
2. The plaintiff is a businessman. Defendant no.1 and 2 are
employed in B.E.S.T. Mumbai. Defendant no.1 took loan of
Rs.2,00,000/- (Rupees Two Lakh Only) from the plaintiff. Defendant
no.1 drew a bill of exchange for Rs.2,00,000/- (Rupees Two Lakh Only)
on 05/03/2016 ordering defendant no.2 to pay sum of Rs.2,00,000/-
(Rupees Two Lakh Only) on demand to the plaintiff. Defendant no.2
accepted the bill of exchange. However, on 18/06/2017, he dishonored
the bill of exchange when it was presented for encashment. Defendant
no.1 also dishonored the bill of exchange on on 20/06/2017, when it
was presented to him for encashment.
3. On 05/02/2018, by issuing demand notice, the plaintiff
made demand of the amount of Rs.2,00,000/- (Rupees Two Lakh Only)
to the defendants along-with interest thereon. However, the defendants
failed to repay the amount. According to the plaintiff, on applying rate
of interest as per law, on the date of filing of the present suit an amount
of Rs.2,81,000/- (Rupees Two Lakh Eighty-One Thousand Only) became
outstanding towards the defendants. In the circumstances, the plaintiff
filed present suit and requested for money decree directing the
defendant to pay an amount of Rs.2,81,000/- (Rupees Two Lakh Eighty-
One Thousand Only) to him along-with interest @18% p.a.
4. The defendants were served with the writ of suit summons.
Despite service of writ of summons, the defendant failed to appear.
Hence, as per order dated 13/04/2022 and 24/02/2021 the suit
proceeded ex-parte against the defendant no.1 and 2 respectively.
5. Points for determination and my findings thereon along-
with reasons stated thereto are as follows:-
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Judgment 3 Sum. Suit No.713 of 2018
Sr. No. Points Findings
1. Whether the plaintiff is
entitled for the suit
claimed. If, yes to what
extent?
Yes to the extent of Rs.2,81,000/-
(Rupees Two Lakh Eighty-One
Thousand Only)and entitled to get
interest @7% on the principal amount
i.e. Rs.2,00,000/- (Rupees Two Lakh
Only) from the date of suit till the
realization of entire amount.
2. What order and decree? As per final order
R E A S O N S
As to Point No.1 :-
6. In order to substantiate his case the plaintiff
examined himself at Exh.7. He states in his evidence that defendant
no.1 took loan of Rs.2,00,000/- (Rupees Two Lakh Only) from him.
Defendant no.1 drew a bill of exchange (Exh.P1) for Rs.2,00,000/-
(Rupees Two Lakh Only) on 05/03/2016 ordering defendant no.2 to
pay sum of Rs.2,00,000/- on demand to the plaintiff. Defendant no.2
accepted the bill of exchange (Exh.P1). However, on 18/06/2017, he
dishonoured the same when it was presented for encashment.
Defendant no.1 also dishonoured the bill of exchange (Exh.P1) on
20/06/2017, when it was presented for encashment.
7. The oral evidence of the plaintiff and the documents placed
on record are not challenged by the defendant. The oral evidence of the
plaintiff and the bill of exchange (Exh.P1) shows that the defendant
no.1 drew the bill of exchange (P1) ordering defendant no.2 to pay an
amount of Rs.2,00,000/- (Rupees Two Lakh Only) to the plaintiff. It also
appears that defendant no.2 accepted the bill of exchange (Exh.P1). Bill
of exchange is a negotiable instrument. On the proof of its execution,
presumption under section 118 of the Negotiable Instruments Act can
be drawn that it was made for consideration. The presumption under
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Judgment 4 Sum. Suit No.713 of 2018
section 118 of the N.I. Act is remained unrebutted. In the
circumstances, it appears that bill of exchange(Exh.P1) was made for
consideration.
8. Herein, it appears from the oral evidence of the plaintiff
plaintiff, that the bill of exchange(Exh.P1) has been dishonored by
defendant no.1 and 2 on 20/06/2017 and 18/06/2017 by non payment
when it was presented for payment. Demand notice (Exh.P2),Postal
receipts(Exh.P3) and Acknowledgment Card (Exh.P4) show that in spite
of receipt of demand notice (Exh.P2) the defendants failed to pay the
amount under bill of exchange (Exh.P1). In the circumstances, the
defendant no.2 being maker and defendant no.1 being accepter are
entitled to pay, jointly and severally, the amount under bill of exchange
(Exh.P1) to the plaintiff. Hence, an amount of Rs.2,00,000/- (Rupees
Two Lakh Only) is due and payable towards the defendants.
9. The plaintiff requested for granting interest at the rate of
18% p.a. on the amount of dishonored bill of exchange (Exh.P1).
Herein, there is no contractual rate of interest. In the circumstances,
the plaintiff is not entitled for pre-suit interest. The suit is also came to
be filed within 3 years from the dishonor of bill of exchange (Exh.P1).
Hence, it is within limitation. In the circumstances, the plaintiff is not
entitled to the suit claim to the extent of Rs.2,00,000/- (Rupees Two
Lakh Only). Therefore, I answer point no.1 in the affirmative to that
extent.
As to Point No.2 :-
10. In view of the affirmative finding of point No.1, it is clear
that the plaintiff is entitled for the suit claim to the extent of
Rs.2,00,000/- (Rupees Two Lakh Only). Hence, the suit will have to be
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Judgment 5 Sum. Suit No.713 of 2018
decreed and the defendants will have to be directed to pay an amount
of Rs.2,00,000/- (Rupees Two Lakh Only) to the plaintiff, jointly and
severally.
11. Herein the plaintiff has claimed interest @18% p.a. from
the date of suit till the realization of the entire amount. 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.2 accordingly and I pass the following
order:-
O R D E R
1. Summary Civil Suit No.713 of 2018 is hereby decreed with the
costs.
2. The defendant no.1 and 2 shall pay, jointly and severally, an
amount of Rs.2,00,000/-(Rupees Two Lakh Only) to the
plaintiff along-with interest at the rate of 7% p.a .from the
date of suit till the realization of the entire amount
3 The decree be drawn up accordingly.
(S. S. Parave)
Adhoc Judge,
City Civil Court Mazgaon,
Mumbai
Court Room No.84.
Date: 24/08/2026
Typed on : 24/08/2026.
Signed by HHJ on : 25/08/2026.
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Judgment 6 Sum. Suit No.713 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Uploaded only
Shiva J. Ingle
Name of Stenographer
25/08/2026 At about 04.10
p.m.
Name of the Judge (With C.R. No.) HHJ S. S. Parave
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
24/08/2026
JUDGMENT / ORDER signed by
P.O. on
25/08/2026
JUDGMENT / ORDER uploaded on 25/08/2026
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