Delhi District Court
Aye Finance Pvt Ltd vs Anita on 9 January, 2026
IN THE COURT OF CIVIL JUDGE - 03
WEST DISTRICT, TIS HAZARI COURTS, DELHI
Presiding Officer: Sh. Kautuk Bhardwaj, DJS Digitally signed
Suit No. CS SCJ/1044/2023 KAUTUK by KAUTUK
BHARDWAJ
BHARDWAJ Date: 2026.01.09
CNR No. DLWT03-002074-2023 17:00:34 +0530
In the matter of:
AYE FINANCE PVT LTD
Through its Authorized Representative,
Registered Office at : M-5,
Magnum House-1, Opp Milan Cinema,
Hemwati Nandan Bahuguna Marg,
Karampura Market, Karampura,
New Delhi-110015.
................. Plaintiff
Vs.
MS. ANITA
R/o H. No. 6182, Sanjay Colony,
Faridabad, Sector 22, Gali No. 28,
Faridabad, Haryana-121005.
.............. Defendant
Date of institution of Suit : 08/08/2023
Date on which judgment was reserved : 09/01/2026
Date of pronouncement of the judgment : 09/01/2026
EX-PARTE JUDGMENT
1.The Case:
1.1 The present suit has been instituted for recovery of a sum Rs. 11,660/- along with pendente lite and interest till its realization.
1.2 It is pertinent to record that, the plaintiff had filed the summary suit, however, vide submission of Ld. Counsel for the plaintiff recorded on 26/09/2025, the present suit was converted into an ordinary/regular suit.CS SCJ/1044/2023 AYE FINANCE PVT LTD Vs. ANITA Page 1 of 5
2. Plaintiff's case:
It is the case of the plaintiff that the defendant had approached the plaintiff company for availing loan facility under the Emergency Credit Line Guaranteed Scheme (ECLGS) for the expansion of the business and had filed the loan application with the plaintiff company. The defendant executed the requisite documents and the loan was finally sanctioned vide sanction letter dated 26/06/2021 and the the plaintiff sanctioned the loan amounting to Rs. 23,320/-. It is the case of the plaintiff that the defendant had failed to adhere to the terms of the loan and defaulted in making payments and the account of the defendant was eventually declared NPA. The plaintiff has also served a re- call notice dated 08/06/2023 to the defendant for recovery of the amount, but of no avail, hence the present suit.
3. Summons of the suit were sent to defendant, which stood served upon the defendant and an appearance on behalf of defendant has also been recorded vide order dated 21/05/2024.
However, defendant neither appeared thereafter nor contested the present suit. Accordingly, the defendant was proceeded ex-parte vide order dated 03/09/2024 . There being no written statement on record.
4. To prove its case, AR of plaintiff examined himself as PW-1, as the sole witness and tendered his evidence by way of affidavit Ex. PW-1/A, reiterating the contents of the plaint therein and relied upon the following documents :-
Sr. Documents Exhibit/Mark
No.
1. Copy of authority letter dated Mark B
20/12/2023
CS SCJ/1044/2023 AYE FINANCE PVT LTD Vs. ANITA Page 2 of 5
Sr. Documents Exhibit/Mark
No.
2. Copy of authority letter dated Ex. PW-1/1 (OSR)
17/12/2025
3. Copy of sanction letter dated Ex. PW-1/2 (OSR,
26/06/2021 Colly, 16 pages)
4. Copy of fresh loan agreement dated Ex. PW-1/3 (OSR, 24/10/2019 colly, 18 pages)
5. Copy of loan re-call notice dated Mark A 08/06/2023
6. Copy of statement of account bearing Ex. PW-1/5 the stamp of the plaintiff
5. Since none appeared for the defendant when the plaintiff was to be examined, the evidence was recorded ex-parte. Thereafter, plaintiff closed its ex-parte evidence vide order dated 19/12/2025, and the matter was posted for ex-parte final arguments.
6. During the course of final arguments, the Ld. counsel for plaintiff relied on the aforesaid documents and the unrebutted deposition of PW-1 to pray for a decree for the suit amount of Rs. 11,660/- along- with pendente lite and future interest till its realization.
7. The final arguments advanced by the Ld. Counsel for Plaintiff was heard at length. This court has carefully perused the evidence on record in light of the pleadings of the plaintiff and considered the submissions of the Ld. Counsel for the plaintiff.
8. Since there is no written statement on record, the entire plaint has remained unrebutted. Notably, the defendant did not join the proceedings despite service of the summons of CS SCJ/1044/2023 AYE FINANCE PVT LTD Vs. ANITA Page 3 of 5 the suit. Therefore, the pleadings are deemed to be admitted for want of specific denial.
9. The documents relied upon by the plaintiff bank clearly shows that upon entering into agreement of loan (Ex. PW-1/3), loan amount was disbursed in pursuance to the sanction letter (Ex. PW-1/2). The plaintiff has further relied upon the statement of account (Ex. PW-1/5) and the re-call notice (Mark A), which reflects an outstanding amount of Rs. 11,660/-. The statement of account has been substantiated by the other corroborating documents. Since, the suit amount was not received despite reminders being sent to the defendant, it stands established that such an amount remained unpaid, more so when there is no alternate version of the defendant available with the court.
10. Furthermore, the deposition of PW-1 and the documents relied upon by the said witness stands unrebutted/uncontroverted/unchallenged, as the witness was not cross examined by the defendant. This Court does not find any reason to disbelieve the unrebutted testimony of PW-1 recorded on oath in the court.
11. In view of the foregoing reasons, it stands established on preponderance of probabilities that a sum of Rs. 11,660/- was due on account of loan facility availed by the defendant and same remains unpaid. The plaintiff bank is thus entitled to recover the said amount of Rs. 11,660/- from the defendant. The grant of principal amount at the exorbitant interest charged by the plaintiff would not be inconsonance with the dictum of Pt. Munshi Ram & Associates (P) Ltd. Vs DDA, 2010 SCC Online Del 2444. Accordingly, it would be fit to award CS SCJ/1044/2023 AYE FINANCE PVT LTD Vs. ANITA Page 4 of 5 pendente lite interest @ 10% per annum and future interest 4% per annum on the said amount.
12. Relief:
The suit is decreed in favour of the plaintiff and against the defendant for the amount of Rs. 11,660/- along-with pendente lite interest @ 10% per annum and future interest 4% per annum till the realization of amount.
13. The plaintiff is also awarded the costs of the suit.
14. Decree sheet be prepared accordingly subject to payment of deficit court fees.
15. The original documents filed by the parties be returned against due acknowledgment after filing of the certified copies of the same by the concerned parties, as per rules.
16. File be consigned to record room after due compliance. KAUTUK Digitally signed by KAUTUK BHARDWAJ BHARDWAJ Date: 2026.01.09 Announced in open 17:01:06 +0530 court on 09.01.2026 (KAUTUK BHARDWAJ) CIVIL JUDGE-03/WEST THC/DELHI/09.01.2026 CS SCJ/1044/2023 AYE FINANCE PVT LTD Vs. ANITA Page 5 of 5