Final Order 1

Order Details: Copy of Judgment
Pdf Text: Summary Suit No.967 of 2019
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Judgment
MHCC010099502019 Presented on : 27.09.2019
Registered on : 05.10.2019
Decided on : 13.05.2026
Duration : 06 Y : 07 M : 15 D
Exhibit : 09
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.967 OF 2019
Mr. Mansoor Ahmed Aaasmi
@ Munsoor Ahmed Hasmi
Age : 65 years, Adult, Occ. : Service,
Indian inhabitant, Having address at :
Dubhash Building, Ground Floor, Room No.13,
B. J. Marg, Agripada, Mumbai – 400 011.
...Plaintiff.
VERSUS
Mr. Mohammed Nazeef Hanif Khan,
Aged about 53 years, Adult, Occ. : Business,
Indian Inhabitant, Having address at :
Chawl No.9, Room No.8, Municipal Transit Camp,
Tank Pakhadi Road, Byculla Station Road,
Byculla, Mumbai – 400 011.
…Defendant.
Appearances :
Adv. Pravin Singh : for Plaintiff.
No Written Statment. : For Defendants.
CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATE : 13th May, 2026
J U D G M E N T
(Ex-parte)
This is a suit under Order XXXVII, Rule.2 of C.P.C for
recovery of an amount of Rs.3,65,000 based on written agreement and
cheques.
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2. The brief facts of the plaintiff is that:
He is working as tailor in ready made garment field. The
defendant is family friend doing tailoring job in readymade garment.
The defendant approached him in the month of September-November,
2016 and requested for Rs.5,00,000/- for 12 months to expand his
business. He gave Rs.4,00,000/- as interest free friendly loan from
September-November, 2016 by cash and cheques. The defendant
avoided making payment and when requested to issue receipt,
defendant brought a hundred rupees stamp paper and executed it as
promissory note on 01.11.2016 and also issued four postdated cheques
of Rs.1,00,000/- bearing cheque Nos.045701 to 045705 dated
01.10.2017 drawn on Bank of India, Jacob Circle Branch, Mumbai.
When deposited, it returned back with endorsement “funds insufficient”
vide return memo dated 22.11.2017. The statutory demand notice was
issued on 30.11.2017. The defendant failed to reply the notice nor paid
the amount. The defendant paid an amount of Rs.35,000/-. He had
filed C.C. No.337/SS/2018 under Sec.138 of NIA, but, defendant was
acquitted which is challenged before the Hon’ble High Court and is
pending. Hence, suit.
3. Pursuant to writ of summons, defendant appeared.
Thereafter, plaintiff filed Summons for Judgment No.22/2021 to which
reply/leave to defend was filed by defendant. The Summons for
Judgment was dismissed wherein an unconditional leave to defend the
suit was granted to defendant with direction to file written statement
within 2 months. However, defendant failed to file the written
statement. Hence, by order below Exh.01 dated 07.11.2025, the suit
was directed to proceed without written statement.
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Judgment
4. From the pleadings, following points arise for my
consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Is plaintiff entitled for recovery of an amount of
Rs.3,65,000/- from defendant ?
Affirmative.
2. What order and decree ? As per final
order.
REASONS
5. In order to substantiate the suit claim, the plaintiff filed his
affidavit of examination in chief vide Exh.05. The plaintiff also filed on
record documents vide list Exh.06 and placed reliance on following
documents namely, certified copy of judgment, Statement u/Sec.313 of
CPC, copy of Complaint, Memorandum of Arguments, Examination-in-
Chief affidavit of plaintiff and cross-examination (Exh.07 colly) and
Postal receipts, notice, list of documents, certified copy of promissory
note, copies of the original four cheques (Exh.08 Colly).
AS TO POINT NO.1 :
6. Heard Adv. Pravin Singh. Neither the defendant filed
written statement nor his advocate advanced any argument. Gone
through the plaint and documents filed on record. It is plaintiff’s case
that he advanced friendly loan of Rs.4,00,000/- for business expansion
of defendant and in lieu of it defendant executed affidavit
acknowledging receipt of amount and also issuing four cheques. The
cheques bounced when presented for encashment. Adv. Singh submitted
that the original cheques, the affidavit and notice were filed in
Summary Criminal Case No.2000337/SS/2018 in which the defendant
was acquitted against which appeal is pending before Hon’ble High
Court, therefore, the original documents are not on record.
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7. From the certified copy of judgment Summary Criminal
Case No.2000337/SS/2018, Statement u/Sec.313 of CPC, copy of
Complaint, Memorandum of Arguments, Examination-in-Chief affidavit
of plaintiff and cross-examination (Exh.07 colly) it goes to show that
four postdated cheques of Rs.1,00,000/- bearing cheque Nos.045701 to
045705 dated 01.10.2017 drawn on Bank of India, Jacob Circle Branch,
Mumbai were issued by defendant to plaintiff. Thus, issuance of cheque
is proved. Anyhow in absence of written statement, the contents of the
plaint are deemed to be admitted to be true. Even the certified copy of
promissory note is proved in the said proceeding and is marked as
(Exh.08 Colly) in the present suit.
8. Admittedly, the cheques on presentation were dishonoured.
The same has gone unchallenged as there is no any written statement of
defendant on record. The plaintiff filed his evidence affidavit in which
he reiterated the contents of the plaint in verbatim. He was not cross-
examined by defendant. Therefore, the pleadings, evidence and the
documents have gone unchallenged and in absence of written
statement, they are deemed to be admitted. Thus, plaintiff proved there
is an outstanding amount of Rs.4,00,000/- which defendant failed to
pay inspite of demand notice. Therefore, plaintiff is entitled to recover
the said amount. No any interest is claimed and it was left with the
discretion of the Court. Considering the transaction to be friendly loan, I
am of the view that 6% p.a from the date of demand notice dated
30.11.2017 would be reasonable rate of interest. Hence, I answer point
No.1 is answered in the affirmative.
AS TO POINT NO.2 :
9. In view of the affirmative finding to point No.1, the suit
deserves to be decreed with costs. In the result, I proceed to pass
following order.
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Judgment
ORDER
1. The Summary Suit No.967 of 2019 is decreed with costs.
2. The defendant is directed to pay to plaintiff an amount of
Rs.4,00,000/- with 6% p.a from the date of demand notice
dated 30.11.2017 till realization.
3. The decree be drawn up accordingly.
4. The R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:13.05.2026. City Civil Court, Mazgaon,
MUMBAI
Dictated on : 13.05.2026
Transcribed on : 13.05.2026
checked on : 13.05.2026
Signed on : 13.05.2026.
( N. B. Lavte )
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.05.2026 at 4.15 p.m.
UPLOAD DATE AND TIME
(Mrs. Manisha Srinath)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
13.05.2026
Judgment/order signed by P.O. on 13.05.2026
Judgment/order uploaded on 13.05.2026
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