Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Suit No.2663/2019
MHCC010081242019 Presented on : 02/08/2019
Registered on : 05/10/2019
Decided on : 12/08/2025
Duration : 06Y : 00M : 12D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXH-20
SUIT NO.2663 OF 2019
Punjab & Sind Bank,
having its Head Office at New Delhi – 110 008,
and branch office amongst others at GNK College
of Arts Science & Commerce, Matunga (East),
Mumbai – 400 019, through Ms. Ravibala Sable,
Officer, authorized signatory as per the Power
Attorney dated 22nd November, 2014.
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Versus
1.
2.
Amogh Padgaonkar,
residing at flat No.1001, Sunshine Tower Co-
operative Housing Society Limited, Kings
Circle, Matunga (East), Mumbai – 400 019
and flat No.404, 406, Lake Lucerna, Phase-II,
Lake Powai, Mumbai – 400 076.
Ms. Archna S. Padgaonkar,
residing at flat No.1001, Sunshine Tower Co-
operative Housing Society Limited, Kings
Circle, Matunga (East), Mumbai – 400 019
and flat No.404, 406, Lake Lucerna, Phase-II,
Lake Powai, Mumbai – 400 076.
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] ..Defendants
Appearance :-
Ld. Adv. Rajlaxmi Punjabi for plaintiff.
None for defendants.
(Ex-parte)
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CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84.
DATE : 12/08/2025.
J U D G M E N T
1) This summary suit is filed for recovery of amount vide
Order XXXVII of Code of Civil Procedure, 1908.
2) The facts in brief are as under -
The plaintiff bank had disbursed a personal loan of
Rs.2,00,000/- to Mrunal Sham Padgaonkar on 12/04/2012 who
expired on 08/01/2015 (hereinafter referred as “the deceased”).
Defendant No.1 is the guarantor of the loan and defendant No.2 is the
legal heir (daughter) of the deceased. The deceased had executed the
loan documents like demand promissory note, form No.159 letter of
continuity, form No.199 undertaking and letter of guarantee. The
deceased agreed to repay the loan with monthly installment of
Rs.5,000/- in 60 installments. However, deceased debtor failed to repay
the same as agreed. Defendant No.1 being the guarantor and both
defendants being legal heirs of deceased are liable to repay the loan.
Amount of Rs.1,58,329.70/- is due from the defendants. The demand
notice was issued to defendants. Defendants did not comply the same.
Hence, this Suit.
3) The first writ of summons was served upon the defendants
through paper publication. Defendants did not appear. Hence, matter
proceeded ex-parte against the defendants.
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4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons as under :
SR.
NO.
POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.1,58,329.70/- as
per the particulars of claim (Exh-K)
together with further interest at the rate
of 16.70% p.a. with monthly rests from
the date of filing of the suit till payment
or realization, as claimed ?
…Partly Yes
2. What order ? ...As per final order.
R E A S O N S
5) The authorised person of plaintiff Sujata Kumari has filed
claim affidavit. Plaintiff has relied upon documentary evidence
produced at Exh-09 to Exh-18.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Sujata Kumari has deposed that, the plaintiff bank
had disbursed a personal loan of Rs.2,00,000/- to Mrunal Sham
Padgaonkar on 12/04/2012 who expired on 08/01/2015 (hereinafter
referred as “the deceased”). Defendant No.1 is the guarantor of the
loan and defendant No.2 is the legal heir (daughter) of the deceased.
The deceased had executed the loan documents like demand
promissory note, form No.159 letter of continuity, form No.199
undertaking and letter of guarantee. The deceased agreed to repay the
loan with monthly installment of Rs.5,000/- in 60 installments.
However, deceased debtor failed to repay the same as agreed.
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Defendant No.1 being the guarantor and both defendants being legal
heirs of deceased are liable to repay the loan. Amount of
Rs.1,58,329.70/- is due from the defendants. The demand notice was
issued to defendants. Defendants did not comply the same.
7) On perusal of loan documents produced by the plaintiff at
Exh-09 to Exh-18, it is evident that deceased had obtained personal
loan of Rs.2,00,000/-. He had executed demand promissory note, letter
of continuity, undertaking and guarantee letter in favour of plaintiff
bank. Defendant No.1 had also executed letter of guarantee as well as
letter of revival in favour of plaintiff bank. As per the loan account
statement (Exh-17 colly), it is evident that amount of Rs.1,58,329.70/-
is due from defendants as on 31/07/2019. As per the evidence of
plaintiff, amount of Rs.1,58,329.70/- is due from defendant as on the
date of suit. On perusal of loan documents, it is clear that debtor had
agreed to repay the loan with interest at the rate of 15.75% p.a. with
floating interest rate. However, plaintiff has not produced any evidence
to show that interest at the rate of 16.70% p.a. was made applicable to
the disputed loan. Defendants have not appeared in the present suit.
Therefore, the case of plaintiff has remained unchallenged. Hence,
while answering point Nos.1 and 2 in partly affirmative, I pass the
following order :-
ORDER
1. Suit No.2663 of 2019 is partly decreed with costs.
2. Defendants shall pay jointly and severally an amount
of Rs.1,58,329.70/- (Rupees One Lakh Fifty Eight
Thousand Three Hundred Twenty Nine and Seventy
Paise Only) to plaintiff with interest at the rate of
15.75% p.a. from date of filing of suit till its
realization.
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3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.84
Dated : 12/08/2025
Dictated and typed on : 12/08/2025.
Signed by HHJ on : 12/08/2025.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer14/08/2025 11.45 a.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
12/08/2025
JUDGMENT / ORDER signed by
P.O. on
12/08/2025
JUDGMENT / ORDER uploaded on 14/08/2025
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