Final Order 23

Order Details: COPY OF JUDGMENT
Pdf Text: CS SCJ 932/23
Central Bank of IndiaVs. Salek & Anr.
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Page no.1 of 6
(Aayushi Saxena)
Civil Judge-03, Central, Tis Hazari Courts, Delhi
IN THE COURT OF MS. AAYUSHI SAXENA,
CIVIL JUDGE - 03, DISTRICT CENTRAL,
TIS HAZARI COURTS, DELHI
CS SCJ No. : - 932/23
CNR No. :- DLCT030025332023
Central Bank of India
Registered office at:
1358, 1st Floor, Central Bank Building,
Chandni Chowk, Delhi-110006.
...Plaintiff
Versus
Salek
S/o Charna,
R/o House No.40, Ghadhi Chokhandi,
Sector-68, Noida-201301.
...Defendant
Date of Institution of the Suit : 02.05.2023
Date of Judgment : 21.05.2026
SUIT FOR RECOVERY OF RS. 2,59,000/-
JUDGMENT
1. The present suit has been filed by the Plaintiff against
the Defendant for recovery of money of Rs.2,59,000/-.
2. WS, application for condonation of delay and
documents were filed by Defendant no.2 The Commissioner
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Central Bank of IndiaVs. Salek & Anr.
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Page no.2 of 6
(Aayushi Saxena)
Civil Judge-03, Central, Tis Hazari Courts, Delhi
of MCD. Vide order dated 13.05.2024 passed by Ld.
Predecessor of this Court, Defendant no.2 i.e. The
Commissioner MCD (earlier Defendant no.2) was deleted
from the array of parties.
Brief Facts of the Case
3. Brief facts mentioned in the plaint are as under:
3.1. The Plaintiff is a body incorporated/constituted under
the Bank Companies (Acquisition & Transfer of
Undertaking Act, 1970) and its branch is situated in many
places in Delhi.
3.2. Defendant no.1 is the borrower, who was working as a
Safai Karamchari in the office of The Commissioner
MCD and his salary was paid through Plaintiff’s
Bank/Branch. Defendant no.1 approached the Plaintiff
bank for a personal loan and after executing the
documents, the Plaintiff sanctioned a loan of
Rs.6,50,000/- vide sanction letter dated 20.07.2017 vide
account no.3994884633 and the Defendant agreed for all
the terms and conditions of bank.
3.3. The Plaintiff bank sanctioned the said loan on the basis
of documents provided by the Defendant no.1, i.e. salary
slip, identity card and other documents, to the Plaintiff
bank which was issued by the office of The
Commissioner MCD.
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Central Bank of IndiaVs. Salek & Anr.
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Page no.3 of 6
(Aayushi Saxena)
Civil Judge-03, Central, Tis Hazari Courts, Delhi
3.4. The Plaintiff made several reminder calls to Defendant
no.1 for repayment of the outstanding dues but he did not
repay the same. Plaintiff bank also sent a legal notice
dated 19.12.2022 to the Defendant but despite service, the
defendant failed to pay the oustanding amount. Till
04.11.2022, an amount of Rs.2,59,000/- became due
alongwith interest and loan account of the Defendant was
NPA on 31.03.2021.
3.5. Hence, the instant suit, wherein the following reliefs
have been claimed by the Plaintiff:-
“
(i) judgement/decree in favour of the Plaintiff and
against teh Defendants for a sum of Rs.2,59,000/-
alongwith pendente-lite, future interest @ 13% per
annum with Rs.2,59,000/- rest from the date of the suit
alongwith the costs of the suit till the entire amount as
above said;
(ii) it is further prayed that direction to the Defendant
no.2 to attach the salary account of Defendant no.1 and
same is credited in favour of Plaintiff/bank account till
loan account of defenadnt no.1 with the loan Plaintiff
bank is settled and no dues is sissued by the Plaintiff
bank;
(iii) any other order/s as this Hon’ble Court may deem
fit and propert also be passed in favour of the Plaintiff
and against the Defendant.”
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Central Bank of IndiaVs. Salek & Anr.
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Page no.4 of 6
(Aayushi Saxena)
Civil Judge-03, Central, Tis Hazari Courts, Delhi
4. Summons of the suit were duly served on the
Defendant by way of publication dated 06.09.2024 but
despite service of summons, the Defendant neither entered
appearance nor filed written statement. Hence, the defence of
Defendant was struck off and he was proceeded
ex-parte
vide order dated 23.10.2024 passed by Ld. Predecessor of
this Court and the case was listed for
ex-parte evidence.
5. In order to prove his case, Mr. J.K Jha, Manager of the
Plaintiff bank, was examined as PW1 and he tendered his
evidence by way of affidavit Ex.PW1/A. He relied upon the
following documents viz. Copy of letter of authority Mark
PW1/1, Sanction Letter Ex.PW1/2 (OSR) [2 pages], Loan
Agreement Ex.PW1/3 (OSR) [3 pages], Legal Notice
alongwith postal receipt Ex.PW1/4 (colly) [OSR] and
statement of account alongwith certificate u/s 63 BSA
Ex.PW1/5 (colly) [6 pages].
6. Vide order dated 06.08.2025,
ex-parte PE was closed
and the matter was fixed for ex-parte final arguments.
7. Ex-parte final arguments were advanced by Mr. Ram
Raghuvendra and Mr. Nitanshu Badal, Ld. Counsel for
Plaintiff.
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Page no.5 of 6
(Aayushi Saxena)
Civil Judge-03, Central, Tis Hazari Courts, Delhi
8. I have heard the submissions of Ld. Counsel for
Plaintiff and perused the material on record.
9. The AR of the Plaintiff has reiterated his version of
plaint on oath. The Plaintiff bank has filed copy of sanction
letter Ex.PW1/2 (OSR) [2 pages] dated 20.07.2017, which
was issued by the Plaintiff bank in favour of the Defendant.
The AR of the Plaintiff has also placed copy of term loan
agreement Ex.PW1/3 (OSR), which bears signatures of
Defendant. He has also placed on record legal notice
alongwith postal receipts Ex.PW1/4 (colly). AR of the
Plaintiff has also placed on record account statement
Ex.PW1/5 (colly) to show disbursal of loan amount in the
account of Defendant.
10. The testimony of PW1 has remained unchallenged and
uncontroverted, as the Defendant failed to appear before the
court to contest the suit on merits despite having been duly
served with summons. In the absence of any rebuttal or
cross-examination, the credibility of PW1’s deposition
remains intact and unimpeached. Accordingly, the possibility
of doubting the testimony of PW1 stands negated.
11. This court has the territorial jurisdiction as cause of
action has arisen within the jurisdiction of this court as
evinced from paragraph 13 of the plaint.
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Page no.6 of 6
(Aayushi Saxena)
Civil Judge-03, Central, Tis Hazari Courts, Delhi
12. In view of the foregoing discussion, the suit of the
Plaintiff is decreed for a sum of Rs.2,59,000/- The Plaintiff
has prayed for interest @ 13% p.a. which appears to be
unreasonable and not as per the prevailing market rate of
interest. Plaintiff is thus granted interest @ 9 % p.a. from the
date of filing of suit till its realization. Costs of the suit are
also awarded in favour of the Plaintiff.
13. Decree sheet be prepared accordingly. File be
consigned to record room after due compliance.
Pronounced in open court: (Aayushi Saxena)
Dated: 21.05.2026 Civil Judge-03, Central,
Tis Hazari Courts, Delhi
This judgment contains 6 pages and each page has been
signed by me.
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