Justice Prevail in Law Research Papaer 4

Sum.
Suit No.113/22 1
MHCC040017442022
Presented on : 11012022
Registered on : 03032022
Decided on : 24012023
Duration : 1 yrs, 0 ms, 13 days

Exh. 15
IN THE CITY CIVIL COURT AT DINDOSHI
(BORIVALI DIVISION), GOREGAON, MUMBAI
SUMMARY SUIT NO. 113 OF 2022
Amyn Husain Charaniya,
Age: 45 Years, Indian Inhabitant,
Having his address at A/3,
Rachna Apartment,
V. P. Road, Andheri (W),
Mumbai 400 058.
Through it's Constitute Attorney
Mr. Tukaram Dattaram Dhondge,
Age: 28 Years.
Mob.: 7977058870
Email: [email protected] ......Plaintiff
Vs.
Saira Taner Thatiya
Adult,
Having Address at Flat No. 1106,
B Wing, Aakansha Tower,
Yari Road, Andheri (W),
Mumbai 400 061. ......Defendant
Appearances
Adv. Shraddha Ingle, the Ld. Counsel for plaintiff.
Defendant proceeded exparte.
Sum. Suit No.113/22 2
Coram: Her Honour Judge,
Smt. V.D. Ingle
(C.R.No.02)
Date : 24th January, 2023
ORAL JUDGMENT
1. This is the suit filed for recovery of an amount of

Rs.10,00,000/ (Rupees Ten Lacs) and for further interest @ 18% p.a. on
the said principal amount.
2. Briefly stated, plaintiff's case is as under:
2.1 The plaintiff state that the defendant had approached the
plaintiff and had represented that defendant were in need of loan for his
domestic purpose and further requested to advance amount by way of
loan for the same. The plaintiff state that at that time defendant has
assured to the plaintiff that defendant will repay the said loan amount as
on demand. In accordance with the same and relying upon assurances
and representation of defendant, the plaintiff had advanced to defendant
a total amount of Rs.10,00,000/ (Rupees Ten Lacs) by way of loan
Rs.5,02,440/ (Rupees Five Lacs Two Thousand Four Hundred Forty
Only) by online transfer and Rs.4,97,560/ (Rupees Four Lacs Ninety
Seven Thousand Five Hundred Sixty Only) by cash.
2.2 On 24/06/2021 and 29/06/2021, the defendant executed

two Promissory Notes in favour of him for valuable consideration being a
sum of Rs.10,00,000/ (Rupees Ten Lacs Only) received by the defendant
from him. Against and on the basis of execution and handing over of
Demand Promissory Note, the defendant promised to pay to him the said
amount of Rs.10,00,000/ (Rupees Ten Lacs Only) with interest @ 18%
p.a. on demand. From time to time he demanded the said amount from
the defendant, however, defendant failed and neglected to pay the same.
Therefore, on 08/10/2021 he has issued notice to the defendant through
advocate and called upon to pay the said amount. However, defendant
failed and avoided complying the notice. Therefore, he constrained to file
the present suit.
3. The defendant duly served with summons for appearance

and accordingly the plaintiff filed the affidavit of service. However,
defendant did not appear, therefore on 22/04/2022 order is passed that
suit be proceeded exparte against the defendant.
4. From the averments in the plaint and documents, the

following points arise for my consideration and determination and I have
recorded my findings against them for reasons stated below:
Sr. POINTS FINDINGS

No
1) Does plaintiff prove that he has advanced Partly affirmative.
an amount of Rs.10,00,000/ (Rupees Ten
Lacs Only) to the defendant on promissory
note and defendant agreed to repay the
same on demand with interest @ 18% p.a.?
2) Does plaintiff prove that on demand the Partly affirmative.

defendant has failed to pay an amount of
Rs.10,00,000/ (Rupees Ten Lacs Only)
with interest @ 18% p.a.?
3) What order & decree? As per final order.
R E A S O N S
As to Point Nos.1 to 3
5. In order to establish his claim the plaintiff has tendered his
examination in chief by way of affidavit Exh.6. As a documentary
evidence, the plaintiff has placed on record documents alongwith Exh.8
Original Power of Attorney, Exh.9 Original Promissory Note, Article A
Colour copy of Promissory Note, Exh.10 Original Advocate Notice with
postal receipts, Exh.11 Original final reminder with postal receipt and
Exh.12 Original Acknowledgment. Plaintiff has testified in consonance
with the averments in the plaint that on 24/06/2021 and 29/06/2021
the defendant executed Demand Promissory Note of Rs.10,00,000/
(Rupees Ten Lacs Only) in favour of him. Plaintiff has placed on record
the said original Promissory Note at Exh.9. It is to be noted that from the
original Promissory Note, its reveals that the defendant executed the said
promissory note in favour of the plaintiff and thereby, promised to repay/
return the said loan amount with no interest to the plaintiff. He has
placed on record Colour copy of Promissory Note. The testimony of
plaintiff remained unchallenged as the suit is proceeded exparte against
the defendants.
6. Even the plaintiff has placed on record the copy of letter

issued through the advocate i.e. notice Exh.10 and original
acknowledgement Exh.12 show that really the said Notice served upon
the defendant. Thus, unchallenged testimony of plaintiff and Promissory
Note are sufficient to establish that the plaintiff has advanced an amount
of Rs.10,00,000/ (Rupees Ten Lacs Only) to the defendant on
Promissory Note and defendant agreed to repay the same on demand.
Even though in the Promissory Note, no interest rate is recorded
however, the plaintiff is claimed @ 18% p.a. which is just invalid and
improper. Accordingly, I record my findings to the point No.1 and 2 in
the affirmative and proceed to pass the following order:
ORDER
1) Suit is decreed with costs.
2) Defendant is directed to pay an amount of Rs.10,00,000/ (Rupees
Ten Lacs Only) to the plaintiff.
3) Decree be drawn up accordingly. Digitally signed
by VAISHALI
DAMODAR
INGLE
Date:
2023.02.01
17:35:04
+0530
Date : 24.01.2023 (Smt. V.D. Ingle)
Judge
City Civil Court,
(Borivali Division),
Dindoshi, Goregaon,
Mumbai
Date of dictation : 24.01.2023
Date of transcription by steno : 27.01.2023
Checked & signed by HHJ on : 31.01.2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL

SIGNED JUDGMENT/ORDER.”
Mrs. J. S. Gole
01.02.2023 at 5.34 p.m. (H.G.STENOGRAPHER)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J Smt. V. D. Ingle
Room No.) (Court Room No.2)
Date of pronouncement of 24.01.2023
Judgment/Order
Judgment/Order signed by P.O. 31.01.2023
on
Judgment/Order uploaded on 01.02.2023

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Sum.

1. This is the suit filed for recovery of an amount of

2.2 On 24/06/2021 and 29/06/2021, the defendant executed

3. The defendant duly served with summons for appearance

4. From the averments in the plaint and documents, the

Sr. POINTS FINDINGS

2) Does plaintiff prove that on demand the Partly affirmative.

6. Even the plaintiff has placed on record the copy of letter

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL

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