Final Order 15

Order Details: COPY OF JUDGMENT
Pdf Text: CS SCJ No. : 965/2023
UCO BANK vs. Sonu Yadav
Page no. 1 of 6
IN THE COURT OF CIVIL JUDGE-07, (CENTRAL),
TIS HAZARI COURTS, DELHI
CS SCJ No. : 965/2023
CNR No. : DLCT03-002630-2023
DATE OF DECISION : 27.01.2025
PRESIDING OFFICER: Mr. SAHIL GUPTA
UCO BANK
A body of corporate Constituted under the Banking Companies
(Acquisition and Transfer of Undertaking), Act 1970, having its
Head Office at 10 B.T. M. Sarani, in the town of Kolkata branch
office at 5100, Harphool Singh Building, GT, Road, Subzi
Mandi. Delhi 110007. It has one amongst its branches spread
throughout India. This suit is being filed through Mr. Raj Kumar
Branch Manager of the Plaintiff Bank.
………Plaintiff
Versus
Mr. Sonu Yadav
S/o Mr. Sita Ram Yadav
R/o. 188/29, Rajpura, Gurmandi
Delhi-110007.
….. Defendant
DATE OF INSTT: 08.05.2023
DATE RESERVED FOR JUDGMENT: 05.11.2024
Argued by:
(a) Mr. B.K. Mishra,
Ld. counsel for plaintiff.
(b) Defendant is ex parte.
SUIT FOR RECOVERY OF Rs. 1,24,626.50/-
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CS SCJ No. : 965/2023
UCO BANK vs. Sonu Yadav
Page no. 2 of 6
EX-PARTE JUDGMENT
1. Vide this judgment, I shall decide the present suit seeking
recovery of Rs
1,24,626.50/- along with pendente lite and future
interest @ 10.45%p.a. along with cost of the suit.
2. “The plaintiff is a commercial bank and a government
undertaking having its head office at 10, BTM Sarani,
Kolkata-700001 and branch office at 102-103, Old Rajinder
Nagar Market, Bazar MArg, New Delhi-110060. Sh. Raj Kumar,
Senior Manager, is the authorised representative of the plaintiff
and is well conversant with the facts of the case and has been
authorised by a General Power of Attorney to sign, file, verify
and affirm the pleadings and also to institute the present suit on
behalf of the plaintiff bank.
The facts of the present case in brief are that the defendant
had approached the plaintiff bank on 17.12.20 and requested the
plaintiff bank to provide term loan of Rs. 1,01,750/- and cash
credit limit of Rs. 75,000/- against hypothecation of stock, plant
and machinery. The plaintiff after perusing the documents
submitted by the defendant advanced a sum of Rs. 1,01,750/- and
cash credit limit of Rs. 75,000/- against term loan and
hypothecation of stock, plant and machinery. The defendant
executed various loan documents in acceptance of loan facility.
The aforesaid loan facility was scheduled to be repaid by the
defendant in 36 equated monthly installments plus interest @
8.45% p.a. The defendant assured the plaintiff bank for timely
repayment of the loan amount as per schedule of loan agreement.
In contravention of the assurances and promises the defendant
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CS SCJ No. : 965/2023
UCO BANK vs. Sonu Yadav
Page no. 3 of 6
failed to adhere to the repayment schedule and did not made
requisite payments towards the repayment of the loan. The same
could not be mended, despite various phone calls, reminders and
personal visits of the bank officials at the address of defendant.
The same shows the malafide attitude of defendant. The
defendant despite various reminders and requests has to clear the
dues against the loan. Consequently, the said loan was classified
as NPA on 25.02.23. The plaintiff bank is maintaining regular
books of account and the defendant is liable to pay a sum of Rs.
1,24,626.50/- only. Hence, considering the persistent defaults of
the defendant in paying the EMIs, the plaintiff bank was
constrained to file the present suit, seeking to recovery of Rs.
1,24,626.50/-. The plaintiff is further submitted that this court has
territorial jurisdiction to try and entertain the present suit. Hence,
the present suit.
3. In the written statement, it was submitted by the defendant
that the defendant is working as a team vendor and approached
the plaintiff for a loan of Rs. 1,01,750/- and cash credit limit of
Rs. 75,000/- against hypothecation of stock, plant and machinery.
That the defendant had been regularly paying the EMI, but after
the Covid-19, the defendant failed to pay the EMI regularly, and
the last payment was made on 31.01.2023. That the plaintiff
imposed compoundable interest on the remaining amount in
breach of the terms and conditions of the agreement.
4. From the pleadings of parties and submissions made,
following issues were settled:
1. Whether the plaintiff is entitled to recovery of
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CS SCJ No. : 965/2023
UCO BANK vs. Sonu Yadav
Page no. 4 of 6
amount as prayed for? OPP.
2. Whether the plaintiff is entitled to pendent elite and
future interest? If yes, at what rate and for what
period? OPP.
5. To prove its case, the plaintiff has examined witness
namely Ms. Priya Chandra, Senior manager of the plaintiff bank
as PW-1 who tendered her evidence by way of affidavit which is
Ex. PW1/A has relied upon following documents:
1. Copy of delegation of power in favour of plaintiff
Bank is Ex. PW1/1 (OSR)
2. Copy of loan application dated 17.12.2020 is
Ex.PW1/2. (OSR)
3. Copy of sanction letter dated 02.02.2021 is Ex.
PW1/3 (OSR).
4. Copy of agreement relating to term loan dated
15.01.2021 is Ex. PW1/4 (OSR).
5. Copy of hypothecation of goods to secure a demand
cash credit dated 15.01.2021 is Ex. PW1/5 (OSR).
6. Copy of form no. A-1 demand promissory note
dated 15.01.2021 is Ex. PW1/6 (OSR).
7. Copy of form no. A-3 dated 15.01.2021 is Ex.
PW1/7 (OSR).
8. Copy of form no. A-47 dated 15.01.2021 is Ex.
PW1/8 (OSR).
9. Copy of demand notice dated 07.02.2023 is Ex.
PW1/9 (OSR).
10. Copy of legal notice dated 01.03.2023 is Ex.
PW1/10.
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CS SCJ No. : 965/2023
UCO BANK vs. Sonu Yadav
Page no. 5 of 6
11. Statement account as per bankers book evidence act
along with interest certificate is Ex. PW1/11.
PW-1 was not cross-examined as the defendant was
proceeded ex-parte on 30.09.2024, for non-appearance.
Thereafter, plaintiff's evidence was closed vide separate
statement of AR on 30.09.2024.
6. I have heard the ex-parte arguments on behalf of the
plaintiff and perused the record.
7. PW-1 has deposed on the lines of the plaint. The plaintiff
has duly proved the fact of extending the loan to defendant vide
Ex.PW1/2 which is Original Loan Application, Ex.PW1/3 which
is office copy of sanctioned letter, Ex.PW1/4 which is agreement
relating to term loan. Further, Ex.PW1/11 which is statement of
account substantiates the stand of plaintiff that defendant has
committed default in payment of loan installments. The plaintiff
has also filed other documents in in its evidence in further
support of its case. The averments made by the plaintiff stands
duly proved by way of documents tendered in evidence. Hence,
plaintiff has duly discharged its burden of proof under section
101 of the Indian Evidence Act, 1872. It was for the defendants
to dispute the contractual relationship with plaintiff to dispute the
genuineness or correctness of statement of accounts or to
establish that outstanding amount claimed or part thereof has
already been paid to the plaintiff, however defendants have failed
to do so. Since defendant was proceeded ex parte and no
evidence was led by him despite service of summons, there is
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CS SCJ No. : 965/2023
UCO BANK vs. Sonu Yadav
Page no. 6 of 6
nothing on record which casts any doubt on the testimony of
PW1. The testimony of PW1 has just gone unchallenged,
uncontroverted and unrebutted. Accordingly, plaintiff has
successfully proved its case on the scale of balance of
probabilities.
8. In view of above discussion, the suit of the plaintiff is
hereby decreed as under:
a) A decree for the recovery of Rs.
1,24,626.50/- is
passed in favour of plaintiff and against the defendants,
along with simple interest @ 9% p.a from 11.04.2023 till
realization of the decretal amount.
b) Costs of the suit also awarded in favour of the plaintiff
and against the defendants.
9. Decree sheet be prepared accordingly.
10. File be consigned to record room after due compliance.
Announced in the open Court SAHIL GUPTA
Civil Judge -07 (Central)
Tis Hazari Court, Delhi
Dated : 27.01.2025
Note: This judgment contains 6 (Six) pages and each page has
been checked and signed by me.
SAHIL GUPTA
Civil Judge -07 (Central)
Tis Hazari Court, Delhi
Dated : 27.01.2025
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