Final Order 22

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Central Bank of India vs. Chando
CS SCJ No.: - 937/2023
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Page 1 of 6 (Aayushi Saxena)
Civil Judge-03, Central, Delhi
IN THE COURT OF MS. AAYUSHI SAXENA,
CIVIL JUDGE - 03, DISTRICT CENTRAL,
TIS HAZARI COURTS, DELHI.
CS SCJ No. : - 937/2023
CNR No. : - DLCT030025372023
In the matter of;
Central Bank of India
Regional Office At:
1358, 1st Floor, Central Bank Building,
Chandni Chowk, Delhi-110006.
...Plaintiff
Versus
Chando
W/o Sh. Devsingh
R/o 1105- Anarkali, Krishna Nagar,
Delhi-110051.
..Defendant
Date of Institution of Suit : 02.05.2023
Date of Decision : 30.01.2026
Suit for Recovery of Rs. 2,04,000/-
JUDGMENT (EX-PARTE) :-
1. The present suit has been filed by the Plaintiff against
the Defendant for recovery of amount of Rs.2,04,000/-
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Central Bank of India vs. Chando
CS SCJ No.: - 937/2023
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Page 2 of 6 (Aayushi Saxena)
Civil Judge-03, Central, Delhi
(
Rupees Two Lakh Four Thousand Only) alongwith
interest.
2. Initially the Plaintiff had implaeded Commissioner of
MCD as Defendant no.2 but vide order dated 06.05.2024
passed by Ld. Predecessor of this Court, Defendant no.2 was
deleted from the array of parties and pursuant thereto, on
05.03.2025, amended memo was filed by the Plaintiff.
Brief Facts:
3. Brief facts mentioned in the plaint are as under:
3.1. The present suit has been instituted by the Plaintiff
through Mr. Ratan Lal Birua, Chief Manager Recovery,
Central Bank of India , who is duly authorized on behalf
of the Plaintiff bank to institute the present suit, and is also
well conversant with the facts of the present suit.
3.2. The Defendant was paid salary through Plaintiff
bank /branch and he approached the Plaintiff bank for
personal loan, whereafter, the Plaintiff sanctioned the loan
of limit of Rs.5,00,000/- vide sanction letter dated
30.09.2016, Account No.3970778734 and the Defendant
agreed for all conditions of bank and Defendant executed
letter and agreement and other documents as per terms and
conditions of the bank. The Defendant had agreed to repay
the loan amount at applicable rate of interest but he failed
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Central Bank of India vs. Chando
CS SCJ No.: - 937/2023
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Page 3 of 6 (Aayushi Saxena)
Civil Judge-03, Central, Delhi
to repay the loan amount. The Defendant also had
fraudulently and mischievously, without intimating the
Plaintiff bank, transferred his salary account in other
bank. The Defendant’s account was also classified as NPA
on 31.03.2021.
3.3. The Plaintiff gave several reminders to Defendant for
repayment of his outstanding dues but Defendant did not
come forward and finally Plaintiff sent a legal notice dated
19.12.2022 to Defendant no.1 and 2 and despite service of
the legal notice, neither reply was received by the
Plaintiff nor did the Defendant pay any amount to the
Plaintiff bank.
3.4. Hence, the present suit seeking the following reliefs:
(i) A judgment/ decree in favour of the Plaintiff and
against the Defendants for a sum of Rs.2,04,000/-
alongwith pendentelite, future interest @ 13% per annum
with Rs.2,04,000/- 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 Defendant no. l with the Plaintiff bank is
settled and no dues is issued by the Plaintiff bank;
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Central Bank of India vs. Chando
CS SCJ No.: - 937/2023
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Page 4 of 6 (Aayushi Saxena)
Civil Judge-03, Central, Delhi
(iii) any other order/s as this Hon'ble Court may
deem fit and proper also be passed in favour of the
Plaintiff and against the Defendant.
Service of Defendant
4. The Defendant was duly served with summons of the
suit by way of publication on 06.09.2024, however, written
statement was not filed by the Defendant and his defence was
struck of. Further, since none had appeared on behalf of
Defendant, he was proceeded ex-parte vide order dated
09.10.2024 of Ld. Predecessor of this court.
Plaintiff’s Evidence
5. To substantiate its case, the Plaintiff examined its AR
Sh. J. K. Jha as PW-1. He tendered his evidence by way of
affidavit as Ex. PW-1/A, which bears his signatures at point
A and B. He relied upon the following documents: -
1. Letter of authority Mark PW1/1
2. Loan Agreement Ex. PW1/2 (OSR)
3. Legal notice and speed
post receipt
Ex. PW1/3 (colly)
4. Bank statement Certificate
U/s 63 BSA
Ex. PW1/4
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Central Bank of India vs. Chando
CS SCJ No.: - 937/2023
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Page 5 of 6 (Aayushi Saxena)
Civil Judge-03, Central, Delhi
6. Thereafter, vide separate statement of AR of the
Plaintiff, PE was closed on 29.11.2024 and the matter was
listed for final arguments.
7. Final arguments were advanced by Ld. counsel for
Plaintiff.
8. I have heard the ex-parte arguments on behalf of the
Plaintiff and have also perused the record carefully.
Findings:
9. Mark PW1/1 proves that Sh. J. K. Jha is the authorized
representative of the Plaintiff. The Plaintiff has duly proved
the fact of extending loan to the Defendant vide application
Ex.PW1/2 (OSR) which has been duly signed by the
Defendant. Further, the bank statement alongwith certificate
u/s 63 BSA Ex. PW1/4 corroborates the stand of the Plaintiff
that the Defendant did not pay the installments of the loan.
All the averments made by the Plaintiff stand duly proved by
way of the aforesaid documents. Since the Defendant was
proceeded ex-parte and no evidence was led by the
Defendant, there is nothing on record which casts any doubt
on the testimony of PW1. The testimony of the PW1 has gone
unchallenged, uncontroverted, and unrebutted. Accordingly,
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Central Bank of India vs. Chando
CS SCJ No.: - 937/2023
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Page 6 of 6 (Aayushi Saxena)
Civil Judge-03, Central, Delhi
the Plaintiff has successfully proved its case on a scale of
balance of probabilities.
10. Additionally, the suit has been filed within limitation.
This court has the territorial jurisdiction as cause of action
arose within the jurisdiction of this court as evinced from
paragraph 13 of the plaint.
Relief:
11. In view of the foregoing discussion, the suit of the
Plaintiff is decreed for a sum of Rs.2,04,000/-. Since MCD
was deleted from the array of parties, no relief qua the MCD
is being granted to the Plaintiff. Further, 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.
12. Decree sheet be prepared accordingly. File be
consigned to record room after due compliance.
Pronounced in open court: (Aayushi Saxena)
Dated: 30.01.2026 Civil Judge-03, Central,
Tis Hazari Courts, Delhi
This judgment contains 06 pages and each page has
been signed by me.
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