Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010127162019 Presented on 05/12/2019
Registered on 16/12/2019
Decided on 22/05/2025
Duration 05Y: 05M: 17D
Exhibit 17
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 1271 OF 2019
Gangaram Janu Pawar ]
Age: 40 years, Indian Inhabitant, ]
carrying on business at Room No. 23/ ]
235, Balchand Shindhi Chawl, ]
Jayshankar Chowk, Halav Pul Road, ]
Kurla (W), Mumbai – 400070. ]...Plaintiff
VERSUS
Ramesh Sudam Sathe ]
adult, working for gain with B.M.C. office, ]
N Ward, Dept. Consy: Desi: Motor Loader: ]
Emp. CD.04244930, Jawahar Road, ]
Ghatkopar (E), Mumbai 400 077 and ]
residing at Samundar Apt. Room No. 508, ]
Saidham CHS, Near Sadguru Hospital ]
Depot, Talavali Naka, Ghansoli, ]
Navi Mumbai - 400701. ]...Defendant
Appearance :
Ld. Advocate Mr. Rajesh Patil for the plaintiff.
Defendant absent (Ex-parte).
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CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 22/05/2025
J U D G M E N T
01] This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (C.P.C.) for recovery of Rs. 2,50,000/- along
with interest and prayed for further interest from defendant.
Brief facts of plaintiff’s case may be summarized as under :-
02] As per the plaintiff, he do the business of money lending at
the address mentioned in cause title. The defendant is working as
employee on the address mentioned in the title cause. The plaintiff lent
an amount of Rs.2,50,000/- to the defendant on 05/09/2019.
Defendant has executed a Promissory Note dated 05/09/2019 and
agreed to repay said amount with interest at the rate of 18% p.a.
Further, in spite of demands and reminders, the defendant failed to pay
the said amount. Therefore, the plaintiff issued the demand notice
dated 24/11/2019 through his advocate informing the defendant of the
dishonour of the promissory note and calling upon him to pay the
amount of Rs. 2,50,000/- with interest. However, the defendant failed
and neglected to pay an amount of Rs. 2,50,000/-. The plaintiff prayed
for the decree for amount of Rs. 2,50,000/- with interest at the rate of
18% p.a. on the principal amount of Rs. 2,50,000/- from the date of
filing the suit till its full realization. Hence, this suit.
03] The defendant was served with the writ of suit summons.
The plaintiff has filed affidavit of service at Exh. 6. Despite service of
the suit summons, the defendant has not caused his appearance and
therefore, the suit proceeded ex-parte against him by the order dated
16/01/2024.
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04] In support of claim, the plaintiff filed his affidavit of claim
at Exh. 7 and reiterated his contention for recovery of Rs. 2,50,000/-.
along with the further interest at the rate of 18% p.a. The plaintiff close
his evidence vide Exh. 15. The plaintiff has filed and relied upon the
following documents.
Sr.
No. Exhibit No. Particulars
1 Exh. 9 Promissory Note dated 05/09/2019
2 Exh. 10 Colly Copy of demand notice dated 24/11/2019 along
with original postal receipt.
3 Exh. 11 Verified copy of money lending license.
4 Exh. 12 Verified copy of forms under Bombay Money
Lending Act.
5 Exh. 13 Verified copy of Books of accounts.
6 Exh. 14 Verified copy of cash Book.
05] To decide the present suit, following points arose for
consideration to which my findings are recorded against each of them
for the reasons given below:
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled to
recover amount of Rs. 2,50,000/-
from defendant? If yes, at what
rate of interest ?
Yes, entitled to interest at the
rate of 7% p.a. on
Rs.2,50,000/-from 05/09/2018,
the date of execution of
promissory note till its full
realization.
2. What order and decree? As per final order.
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R E A S O N S
As to points No. 1 and 2 :-
06] Perused plaint, oral and documentary evidence on record.
Heard Ld advocate for plaintiff. The plaintiff has filed his claim affidavit
at Exh. 7 in support of his contentions and reiterated contentions in the
plaint. As per the plaintiff, he is money lender. He has filed verified copy
of her Money Lending License at Exh. 11 in support of his contention.
On perusing said license, it appears that plaintiff is authorized money
lender and said license is valid from 03/05/2018 to 31/03/2019.
07] Further, plaintiff to prove that he had lent an amount of
Rs. 2,50,000/- to the defendant on 05/09/2018 has filed verified copy
of Form No. 10 at Exh. 12 and extract of ledger at Exh. 13. Further, to
prove defendant has executed a Promissory Note dated 05/09/2018, he
has filed promissory note at Exh.9. Further, it appears from said
documents that defendant had agreed to repay said amount with
interest at the rate of 18% p.a. On perusing promissory note, it appears
that it bears signature and thumb impression of defendant. Further,
defendant has borrowed loan of Rs. 2,50,000 and agreed to repay as
contended by the plaintiff. Moreover, plaintiff enjoys presumption under
Section 118(a) of Negotiable Instruments Act, 1881, which supports the
contention of the plaintiff that the present promissory note was
executed for the valuable consideration of Rs. 2,50,000/-. Defendant
has failed to appear and contest the matter. Therefore, evidence of
plaintiff has remained unchallenged.
08] Plaintiff has contended that defendant dishonoured
demand promissory note. Therefore, he issued demand notice dated
24/11/2019 at Exh. 10 colly to defendant and called upon them to pay
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principal amount with interest at the rate of 18% p.a. Plaintiff has filed
original postal receipt on record to show notice is issued to the
defendant. Thus, in spite of demand notice as well as writ of summons
defendant failed to appear and contest the matter. Hence, in view of
Rule 2(3) of order XXXVII of C.P.C., owing to failure of defendant to
cause appearance, it needs to be presumed that the defendant admits
the allegations contained in the plaint. Thus, I am of the view that
plaintiff has proved that he had advanced an amount of Rs. 2,50,000/-
to the defendant and he had executed promissory note at Exh. 9 to
repay said loan with interest at the rate of 18% p.a. Further, plaintiff
has also filed verified copy of extract of account at Exh. 14 to show that
defendant is liable to pay an amount of Rs. 2,50,000/- alongwith
interest at the rate of 18% p.a. till date of filing suit.
09] So far as, further interest is concerned plaintiff has claimed
interest at the rate of 18% p.a. on the basis of promissory note.
However, I am of the view that the same is excessive as compared to
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. 1 accordingly. In
the result, in answer to point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No. 1271 of 2019 is hereby decreed with the costs.
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2) The defendant shall pay an amount of Rs. 2,50,000/ (Rupees Two
Lakhs Fifty Thousands only) to the plaintiff with simple interest
on said amount at the rate of 7% p.a. from 05/09/2019, the date
of execution of promissory note till its full realization.
3) The plaintiff is entitled to get refund of the court-fees provided
for, if any as per Rules.
4) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Court Room No.81.
Date: 22/05/2025
Dictated on: 22/05/2025
Corrected & signed on: 22/05/2025
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
23/05/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 22/05/2025
JUDGMENT/ORDER signed by P. O. on 22/05/2025
JUDGMENT/ORDER uploaded on 23/05/2025
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