Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment 1 Sum. Suit No.1083 of 2019
MHCC010108452019 Presented on 22-10-2019
Registered on 08-11-2019
Decided on 20-08-2026
Duration 06Y: 09M: 12D
Exhibit 17
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO.1083 of 2019
Mahendra Murlidhar Desai
Age: 46, Occupation : Nil.
Address: Sainath Chawl, Takiya Ward, P.B.Desai,
Building No. 50, Kurla West, Mumbai - 400 070.
]
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] ...Plaintiff
Versus
Chandrahas Bhoja Suvarna
Age: Adult, Occupation : Nil.
Address: Dadar Workshop, Galli No. 04, Telecom
And Electornic, Dept, Best Undertaking, Dadar,
Mumbai - 400 014. Link- Naresh Smurthi Chawl,
R No. 5/6, Ayre Gaon, Near Hanuman Temple,
Dombiwali East, Kalyan, Thane,
Maharashtra-421 201.
]
]
]
]
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] ...Defendant
Appearance :
Ld. Advocate Mr. Ramesh Jain for the plaintiff.
Defendant No.1 and 2 - Ex-parte.
CORAM : HHJ S. S. PARAVE (C.R.No.84)
DATE : 20/08/2026
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Judgment 2 Sum. Suit No.1083 of 2019
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.2,17,556.16/-( Two
Lakh Seventeen Thousand Five Hundred Fifty Six Rupees and Sixteen
Paise) along with future interest on the principal amount.
In short, the case of plaintiff is as under:-
2. The plaintiff is licensed money lender. The defendant took
sum of Rs.2,00,000/-(Two Lakh Only) from the plaintiff. On
08/04/2019, he executed demand promissory note of Rs.2,00,000/-
(Two Lakh Only) and thereby promised to repay the amount on
demand along-with interest @18% p.a. On 24/09/2019, by issuing
demand notice the plaintiff made demand of the amount of
Rs.2,00,000/-(Two Lakh Only) to the defendant along-with interest
thereon. However, the defendant failed to repay the amount. According
to the plaintiff, on the date of filing of the present suit an amount of
Rs.2,17,556.16/-( Two Lakh Seventeen Thousand Five Hundred Fifty
Six Rupees and Sixteen Paise) was outstanding towards the defendant.
In the circumstances, the plaintiff filed present suit and requested for
money decree directing the defendant to pay an amount of
Rs.2,17,556.16/-( Two Lakh Seventeen Thousand Five Hundred Fifty
Six Rupees and Sixteen Paise) to him along-with interest @18% p.a.
3. Defendant served with the writ of suit summons on 02/08/2024.
Despite service of writ of summons, they failed to appear. Hence, as per
order dated 27/01/2026, the suit proceeded ex-parte against him.
4. Points for determination and my findings thereon along-
with reasons stated thereto are as follows:-
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Judgment 3 Sum. Suit No.1083 of 2019
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.2,17,556.16/-( Two Lakh
Seventeen Thousand Five
Hundred Fifty Six Rupees and
Sixteen Paise) and entitled to
get interest @7% on the
principal amount i.e.
Rs.2,00,000/-(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 :-
5. In order to substantiate his case the plaintiff examined
himself at Exh.7. The plaintiff states in his evidence that he is licensed
money lender. The defendant took an amount of Rs.2,00,000/-(Two
Lakh Only) from him On 08/04/2019, he executed demand promissory
note (Exh.8) for the consideration of Rs.2,00,000/-(Two Lakh Only)
and thereby agreed to pay the said amount on demand along-with
interest @18% p.a. The aforementioned oral evidence of the plaintiff is
not challenged by the defendant.
6. The oral evidence of plaintiff and contents of the demand
promissory note (Exh.8) placed on record satisfy the requirement of
proof of execution of demand promissory note (Exh.8). On the proof of
execution demand promissory note (Exh.8) presumption vide Section
118 of Negotiable Instrument Act can be raised that it was made for
consideration and it was made or drawn on the date appearing on it.
Since, the oral as well as documentary evidence on the record is not
challenged by the defendant, the presumption attached to demand
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Judgment 4 Sum. Suit No.1083 of 2019
promissory note (Exh.8) is remained un-rebutted. In the circumstances,
on the strength of oral evidence of the plaintiff and the un-rebutted
presumption, it is clear that the defendant by executing promissory note
(Exh.8) agreed to pay an amount of Rs.2,00,000/-(Two Lakh Only) on
demand, to the plaintiff along-with interest of the rate of 18%p.a.
Verified copy of form no.10 (Exh.13), Varified copy of cash book
(Exh.14) and ledger account (Exh.15) also supports the contention of
the plaintiff that the defendant took an amount of Rs.2,00,000/-(Two
Lakh Only) by executing demand promissory not (Exh.8).
7. The plaintiff states in his evidence that on demand the
defendant failed to pay the amount of Rs.2,00,000/-(Two Lakh Only)
along-with interest thereon as promised by executing demand
promissory note (Exh.8). The defendant also failed to comply the
demand notice (Exh.8) dated 24/09/2019. The recitals of demand
notice (Exh.9) shows that the plaintiff made demand of Rs.2,00,000/-
(Two Lakh Only) to the defendant on 24/09/2019. The factum of
issuance of demand of notice (Exh.9) is not disputed by the defendant.
Hence, it is clear that in spite of demand, the defendant failed to pay
the amount promised to be paid under demand promissory note
(Exh.8).
8. The plaintiff states in his evidence that on the date of the
filing of the present suit an amount of Rs.2,17,556.16/-( Two Lakh
Seventeen Thousand Five Hundred Fifty Six Rupees and Sixteen Paise)
was due towards the defendant. The said contention of the plaintiff is
not challenged by the defendant. Hence, it is clear that on the date of
filing of the present suit an amount of Rs.2,17,556.16/-( Two Lakh
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Judgment 5 Sum. Suit No.1083 of 2019
Seventeen Thousand Five Hundred Fifty Six Rupees and Sixteen Paise)
was due and payable towards the defendant.
9. Considering the date of demand made by the plaintiff and
the date of filing of the present suit, it is clear that the suit is well within
limitation. Hence, the plaintiff is entitled to recover an amount of
Rs.2,17,556.16/-( Two Lakh Seventeen Thousand Five Hundred Fifty
Six Rupees and Sixteen Paise) from the defendant. Hence, it is clear that
the plaintiff is entitled for the suit claim to the extent of
Rs.2,17,556.16/-( Two Lakh Seventeen Thousand Five Hundred Fifty
Six Rupees and Sixteen Paise). Therefore, I answered 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.2,17,556.16/-( Two Lakh Seventeen Thousand Five Hundred Fifty
Six Rupees and Sixteen Paise). Hence, the suit will have to be decreed
and the defendant will have to be directed to pay an amount of
Rs.2,17,556.16/-( Two Lakh Seventeen Thousand Five Hundred Fifty
Six Rupees and Sixteen Paise) to the plaintiff.
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
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Judgment 6 Sum. Suit No.1083 of 2019
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 Suit No.1083 of 2019 is hereby decreed
with the costs.
2. The defendant shall pay an amount of
Rs.2,17,556.16/-( Two Lakh Seventeen Thousand
Five Hundred Fifty Six Rupees and Sixteen Paise)
to the plaintiff.
3. The defendant shall pay interest at the rate of 7%
p.a.on Rs.2,00,000/- (Two Lakhs Only) to the
plaintiff from the date of suit till the realization
of the entire amount.
4. The decree be drawn up accordingly.
(S. S. Parave)
Adhoc Judge,
City Civil Court Mazgaon,
Mumbai
Court Room No.84.
Date: 20/08/2026
Dictated and typed on : 20/08/2026.
Signed by HHJ on : 20/08/2026.
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Judgment 7 Sum. Suit No.1083 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Pooja R. Sonune
Name of Typist21/08/2026 At about
12.00 p.m.
Name of the Judge (With C.R. No.) HHJ S. S. Parave
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
20/08/2026
JUDGMENT / ORDER signed by
P.O. on
20/08/2026
JUDGMENT / ORDER uploaded on 21/08/2026
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