Final Order 1

Order Details: Copy of Judgment
Pdf Text: Summons for Judgment No.94 of 2021 1
MHCC040086982021 Received on : 22-12-2021
Registered on : 22-12-2021
Decided on : 07-03-2026
Duration : Y:04 M:02 D:13
Exh.14
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
BORIVALI DIVISION, DINDOSHI (BRANCH)
SUMMONS FOR JUDGMENT No. 94 OF 2021
In
SUMMARY CIVIL SUIT NO.232 OF 2021
Mr Melvin Samir Thakker
Age: 21 yrs
R/at. 2-D-5, 1st floor,
Vijay Vihar CHS Ltd.,
Sion Trombay road,
Near Celebration Hote,
Chembur (E), Mumbai 400071 ..Plaintiff.
V E R S U S
M/s. Gold Berg Inc. a proprietary concern of
Mr. Himanshu Narendra Shah
having address at G-2 and G-3,
Gajlaxmi Apartment, Off Ram Mandir Road,
Babhai Naka, Boriwali(W), Mumbai- 400 092
Also at C-101, Amazon Apartment,
Jairaj Nagar, Boriwali-West,Mumbai – 400 092 ..Defendant.
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Appearance:-
Ld. Advocate S.T. Manek for the Plaintiff.
None for the defendant.
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Summons for Judgment No.94 of 2021 2
CORAM: A.R. Kamble,
Ad-hoc Judge,
City Civil & Sessions Court,
Borivali Division Dindoshi.
(Court No.05)
DATE : 7th March, 2026
J U D G M E N T
This is a suit for recovery of Rs.1,36,925/- with interest at the rate of
12.60% per annum on the principal amount of Rs.1,00,000/- from
06.03.2021 till payment or realization of the amount.
2. The case of the plaintiff in nutshell is that defendant is carrying on
business of construction and developer. The plaintiff advanced a loan to
the defendant through R.H. Associates by cheque of Rs.1,00,000/- at
agreed rate of interest @1.05% per month i.e. 12.60% per annum payable
by the defendant to the plaintiff. Defendant executed receipt dt.
16.01.2017 for the said loan and agreed to pay the interest at the agreed
rate. Defendant paid interest to the plaintiff upto and inclusive of
31.03.2018.
3. It is further contended that plaintiff time and again demanded said
principal amount and interest through R.H. Associates. The defendant kept
on promising to repay the amount but neither paid interest nor returned
principal amount. Defendant paid interest upto and inclusive of
31.03.2018 by cheque. However, despite demand made by the plaintiff,
defendant failed to pay the principal and interest from 01.04.2018. Hence,
this suit.
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Summons for Judgment No.94 of 2021 3
4. Writ of summons was served on the defendant. Defendant filed his
appearance, therefore, the plaintiff took out Summons for Judgment No.94
of 2021 and served on the defendant but defendant did not apply for leave
to defend. Hence, the suit proceeded without leave to defend.
5. Having carefully gone through the oral as well as documentary
evidence and hearing the arguments advanced by the advocate for the
plaintiff, the following points arise for my determination to which I have
answered for the reasons stated below :-
Sr.
No.
Points Findings
1. Whether the defendant is in arrears of
Rs.1,36,925/- to the plaintiff ?
In affirmative
2. Whether the plaintiff is entitled for interest
at the rate of 12.60% per annum as claimed
in suit ?
In Affirmative
3. Whether the plaintiff is entitled for recovery
of Rs.1,36,925 /- ?
In affirmative
4. What decree and order ? As per final order
R E A S O N S
AS TO POINT NO. 1 TO 4:-
6. I have heard the arguments advanced by learned Advocate for the
plaintiff. He argued that for non appearance of the defendant and when
there is no leave to defend granted to the defendant, the plaintiff is
entitled to judgment.
7. All these points are interconnected and therefore their discussion is
clubbed. In support of his claim, the plaintiff tendered evidence at Exh.10
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Summons for Judgment No.94 of 2021 4
and deposed in the line of his pleadings in respect of advancing loan of
Rs.1,00,000/- to the defendant and execution of receipt by the defendant.
The evidence of the plaintiff remained unrebutted.
8. The plaintiff relied upon the following documents; -
1. Receipt issued by defendant
2. Bank passbook showing payment of principal by plaintiff and
payment of interest by defendant to plaintiff
3. Legal notice
9. On perusal of documents more particularly the receipt
dt.16.01.2017, it reveals from the said receipt that defendant has
acknowledged the receipt of Rs.1,00,000/-received from the plaintiff and
agreed to pay interest at the rate of 1.05% per month. It further appears
from the bank statement that an amount of Rs.1,00,000/- were transferred
to the defendant. Thus, it is sufficient to hold that an amount of
Rs.1,00,000/- was advanced by the plaintiff to the defendant and still the
defendant failed to repay the same. The defendant appeared but did not
seek leave to defend. Therefore, in view of Order 37 Rule 6(a) of the Civil
Procedure Code, on failure of the defendant to apply for leave to defend,
the plaintiff is entitled to judgment.
10. From the material on record, it could be gathered that the defendant
availed advance of Rs.1,00,000/- from the plaintiff and was agreed to pay
interest at the rate of 1.05% per month but failed to repay the amount and
therefore, he is liable to pay the amount at the interest rate of 1.05% per
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Summons for Judgment No.94 of 2021 5
month as claimed. Hence, above points are answered accordingly and in
answer to Point No.4 following order and decree is passed:-
ORDER
1. Summons for Judgment No.94 of 2021 is made absolute as under.
2. Summary Suit No.232 of 2021 is decreed with costs.
3. The defendant do pay to the plaintiff the sum of Rs.1,36,925/-
inclusive of interest on principal amount of Rs.1,00,000/- till 05.03.2021.
4. The defendant do pay to the plaintiff further interest at the rate of
12.6% p.a. on principal amount of Rs.1,00,000/- from 06.03.2021 till its
realization.
5. A Decree be drawn up accordingly.
6. Summons for Judgment No. 94 of 2021 is disposed of accordingly.
(A.R.Kamble)
Ad-hoc Judge,
City Civil & Sessions Court,
Date: 07.03.2026 Borivali Division Dindoshi,
Mumbai.
Directly typed on computer : 07.03.2026
Checked & Signed by HHJ on : 07.03.2026
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Summons for Judgment No.94 of 2021 6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07.03.2026 at 5.45 p.m. Mrs. Revati V. Kadam
UPLOAD DATE AND TIME Name of the Stenographer
Name of the Judge (With Court
room no.)
SHRI. A.R.Kamble
(C.R. NO.5)
Date of Pronouncement of
JUDGMENT/ ORDER
07.03.2026
JUDGMENT/ORDER signed by P.O.
on
07.03.2026
JUDGMENT/ORDER uploaded on 07.03.2026
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