Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment ..1.. Sum Suit No.782/2019
MHCC010075422019 Presented on : 17/07/2019
Registered on : 03/08/2019
Decided on : 15/07/2026
Duration : 06 Y: 11 M : 12 D
Exhibit : 15
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMARY SUIT NO.782 OF 2019
MR.RAKESH RAJU JONDHALE
Age-40 years, Occupation- Business,
R/at :- Room No.G-1, N.M. ½, Dhravi, Maharana
Pratap Nagar, Dhorwada, Mumbai-400017.
]
]
]
] ...Plaintiff
Versus
MR. YALLAPA S. KUNCHIKORVE
Age-Adult, Occupation-Nil,
R/at :- Sant Kabir Marg, B/165, Indra Nagar, 60
Feet Road, Kunchikurve Nagar, Dharavi, Mumbai-
400017
]
]
]
]
] ...Defendant
Appearance :-
Ld. Adv. Ramesh Jain for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HHJ P. B. LOKHANDE (C.R.No.82)
DATE : 15/07/2026
J U D G M E N T
This summary suit is filed for recovery of amount vide
Order XXXVII of Code of Civil Procedure, 1908.
The facts in brief are as under :-
2. The plaintiff is residing at Mumbai carrying business of
Money Lending. The Defendant approached the plaintiff for loan, on
02.12.2018 executed demand promissory note in favour of plaintiff for
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Judgment ..2.. Sum Suit No.782/2019
consideration of its sum of Rs.95,000/- along-with interest @18% p.a.
on demand at Mumbai. The plaintiff demanded the said amount along-
with interest from Defendant, who failed to pay the said amount.
Therefore, this suit is filed for recovery, claiming decree against the
defendant of Rs.1,01,277.80ps. and for further interest on principal
amount of Rs.95,000/- from the date of filing of suit @18% p.a. till
realization.
3. The writ of summons was served upon the Defendant, he
failed to appear. Hence, my Ld. Predecessor passed ex-parte order on
24.01.2022.
4. Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I record my findings with
reasons thereon as under :
Sr.
No.
POINTS DECISIONS
1. Whether the plaintiff is entitled for recovery
of sum of Rs.1,01,277.80/- along-with
interest @18% p.a. on the balance amount
of Rs.95,000/- from the date of filing suit till
realization.
... In the Affirmative
2. What order ? ...As per final order.
R E A S O N S
5. The plaintiff has filed evidence affidavit at Exh.6 and list of
document at Exh.7, Original promissory note at Exh.11, Verified copy
of money lending license at Exh.12, Form No.10 at Exh.13, Cash book
extract at Exh.14 and evidence closed pursis at Exh.8.
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Judgment ..3.. Sum Suit No.782/2019
AS TO POINT NOS.1 & 2 :-
6. The plaintiff reiterated the contents of plaint in chief
affidavit (Exh.3), it is stated that the plaintiff is residing at Mumbai
carrying business of Money Lending, verified copy of license (Exh.12),
form No.10 is filed on record (Exh.13). It is further contended that, the
Defendant approached the plaintiff for loan, on 10.04.2024 executed
demand promissory note (Exh.11) in favour of plaintiff for
consideration of its sum of Rs.95,000/- along-with interest @18% p.a.
on demand at Mumbai. The plaintiff demanded the said amount along-
with interest from Defendant, who failed to pay the said amount. The
defendant failed to reply and pay the claim amount. The plaintiff has
filed the true copy of cash book extract (Exh.14.).
7. Admittedly, the plaintiff evidence has gone unchallenged,
the plaintiff in support of claim substantiate the documentary evidence
as above. In respect of interest, generally interest rate is granted @6%
p.a. under Section 34 of the C.P.C., in case of commercial transaction
more than 6% can be granted or as agreed between the parties. The
plaintiff being money lender, filed the valid license and form No.10
verified copies, it discloses the loan advance to the Defendant, agreed
upon 18% p.a. interest. Therefore, in my view, the claim of plaintiff
deserves to be allowed. Accordingly, I answer point No.1 in Affirmative
and as to findings of point No.2, I proceed to pass the following order:-
ORDER
1. Summary Suit No.782 of 2019 is decreed with costs.
2. Defendant shall pay the amount of Rs.1,01,278/-
(Rupees One Lakh One Thousand Two Hundred and
Seventy-Eight Only) and shall pay the interest at the
rate of 18% p.a. from 03.08.2019 on outstanding
principal balance amount of Rs.95,000/- till
realization.
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Judgment ..4.. Sum Suit No.782/2019
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
(P. B. Lokhande)
Adhoc Judge,
City Civil & Sessions Court,
Mazgaon, Mumbai,
Court No.82
Dated : 15/07/2026
Dictated and typed on : 15/07/2026.
Signed by HHJ on : 15/07/2026.
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Judgment ..5.. Sum Suit No.782/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Shiva J. Ingle
Name of Stenographer15/07/2026 At about 05:10
p.m.
Name of the Judge (With C.R. No.) HHJ Pramod B. Lokhande
(COURT ROOM NO.82)
Date of Pronouncement of
JUDGMENT / ORDER
15/07/2026
JUDGMENT / ORDER signed by
P.O. on
15/07/2026
JUDGMENT / ORDER uploaded on 15/07/2026
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