Delhi District Court
Aye Finance Pvt Ltd vs S Zafar Ahmed on 5 January, 2026
THE COURT OF MR. VAIBHAV PRATAP SINGH
CIVIL JUDGE, PATIALA HOUSE COURTS
NEW DELHI DISTRICT, DELHI
CNR No. DLND03-002163-2023
CS No. 1157/2023
In the matter of:-
AYE Finance Pvt. Ltd.
Through its Authorized Representative Pranav Sharma
Having Its Registered Office At:
M-5, Magnum House-1, Opp Milan Cinema,
Hemwati Nandan Bahugun Marg
Karampura market, Karampura
New Delhi, Delhi-110015.
. . .Plaintiff
Versus
Mr. S Zafar Ahmed
R/o 2nd Edga Mohalla Cross
Tumkur, Karnataka 572101 . . .Defendant
Date of Institution : 13.09.2023
Date of Reserving Judgment : 05.01.2026
Date of Judgment : 05.01.2026
SUIT FOR RECOVERY OF RS. 18,613.5/- (RUPEES
EIGHTEEN THOUSAND SIX HUNDRED THIRTEEN AND
FIVE PAISA ONLY)
EX-PARTE JUDGMENT
1.The present suit is filed for recovery of Rs.18,613.5/- by the Plaintiff against the Defendant.
2. Brief facts as alleged by the Plaintiff are that the Digitally signed by VAIBHAV VAIBHAV PRATAP PRATAP SINGH SINGH Date:
2026.01.05 14:39:19 +0530 CS SCJ 1157-2023 AYE Finance Pvt Ltd vs. S Zafar Ahmed Page No. 1 of 5 Plaintiff is a Private Limited Company duly incorporated under the Companies Act 1956, having its registered office at M-5, Magnum House-1, Opp Milan Cinema, Hemwati Nandan Bahuguna Marg, Karampura Market, Karampura, New Delhi and engaged in the business of extending financial assistance by way of loans and advances to the business owners. The present suit has been filed by Mr. Pranav Sharma, who is Manager of Plaintiff Company and is authorized to sign and verify the pleadings and to institute the present case, as well as lead evidence. By order dated 05.01.2026, Mr. Piyush Kumar was substituted as new AR.
3. Defendant approached the Plaintiff for the purpose of availing the loan facility under the Emergency Credit Line Guaranteed Scheme for the expansion of the business vide Loan Application Form in the Plaintiff's office. The plaintiff considered the request and sanctioned the loan amounting to Rs. 37,227/- vide Sanction Letter dated 22.06.2021. The said loan was repayable in 49 equated monthly installments (EMIs) of Rs. 435/- each. However, the Defendant failed to pay the required installments and defaulted on making due payments. Therefore, Plaintiff sent Loan Recall Notice to the Defendant. However, despite service of Loan Recall Notice, Defendant failed to pay the outstanding dues. Hence, the Plaintiff filed the present suit.
4. Summons was served upon Defendant on 02.09.2025, however, Defendant failed to appear before the VAIBHAV PRATAP SINGH Digitally signed by VAIBHAV PRATAP SINGH Date: 2026.01.05 14:39:23 +0530 CS SCJ 1157-2023 AYE Finance Pvt Ltd vs. S Zafar Ahmed Page No. 2 of 5 Court. Hence, Defendant was proceeded ex-parte on 27.10.2025.
5. Thereafter, matter was fixed for ex-parte evidence. AR of the plaintiff Mr. Piyush Kumar examined himself as PW-1, filed his evidence by way of affidavit Ex. PW-1/A and relied upon the documents as under:
Sl.No Documents Exhibits/
Mark
1. Authority Letter Ex.PW1/1
(OSR) (filed
today)
2. Sanction letter dated 22.06.2021 Ex.PW1/2 (At page no. 17 to 22)
3. Loan Agreement dated 25.06.2021 Ex.PW1/3 (At page no. 35 to 42)
4. Loan Recall Notice Mark A (At page no. 43)
5. Statement of Account Mark B (At page no. 45 to 48)
6. No other witness was sought to be summoned or examined by the Plaintiff. Accordingly, ex-parte evidence was closed.
7. Final arguments were heard. The Learned Counsel for the Plaintiff has argued that the Plaintiff has by its evidence proved its case.
8. I have perused the record in light of the arguments advanced. SINGH Digitally signed by VAIBHAV VAIBHAV PRATAP SINGH PRATAP Date:
2026.01.05 14:39:28 +0530 CS SCJ 1157-2023 AYE Finance Pvt Ltd vs. S Zafar Ahmed Page No. 3 of 5
9. The present suit is well within the stipulated time of limitation. Further, since the payment was made from the account of the Plaintiff and as per the agreement between the parties, this Court has the territorial jurisdiction to decide the present case. Since the amount claimed is less than Rs.3,00,000/-, this Court also has the pecuniary jurisdiction to hear this case.
10. AR of the Plaintiff has tendered in his evidence as PW-1, documents i.e. Authority Letter, Sanction letter, Loan Agreement, Loan recall notice and statement of account of defendant, clearly establishing the commercial relationship between the Plaintiff and the Defendant. However, neither the witness was cross-examined nor any other evidence was led on behalf of the Defendant who was proceeded ex-parte due to non- appearance. Hence, this Court has no reason to disbelieve the assertions of the Plaintiff, which leads to a necessary inference that Defendant has failed to make the payment owed to the Plaintiff along with the interest that accrued thereon.
11. Keeping in view the unrebutted testimony of PW-1 and documents relied upon, it can be said that the Plaintiff has duly established its case that Defendant has unlawfully withheld the amount due to the Plaintiff.
12. As per the case of the Plaintiff, on 22.06.2021, a principal amount of Rs.37,227/- was financed to the Defendant VAIBHAV PRATAP SINGH Digitally signed by VAIBHAV PRATAP SINGH Date: 2026.01.05 14:39:31 +0530 CS SCJ 1157-2023 AYE Finance Pvt Ltd vs. S Zafar Ahmed Page No. 4 of 5 which was due and payable by the Defendant. After making part payments, Rs. 18,613.5/- is left to be paid.
13. The suit of the Plaintiff is thus decreed in its favour and against the Defendant for an amount of Rs. 18,613.5/- with pendente lite rate of simple interest @ 9% per annum from the date of filing of the suit till the date of decree. The cost of the suit is also awarded in favour of the Plaintiff and against the Defendant.
14. Decree sheet be prepared accordingly. File be consigned to Record Room after due compliance.
Pronounced by me in the Open
Court on 05.01.2026. VAIBHAV Digitally signed by
VAIBHAV PRATAP
PRATAP SINGH
Date: 2026.01.05
SINGH 14:39:35 +0530
(VAIBHAV PRATAP SINGH)
Civil Judge, Patiala House Courts New Delhi District, Delhi CS SCJ 1157-2023 AYE Finance Pvt Ltd vs. S Zafar Ahmed Page No. 5 of 5