Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.1208/2019 1
Received on : 03-01-2019
Registered on : 05-12-2019
Decided on : 18-02-2020
Duration : 01Y 01M 17D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 1208 of 2019
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-009434-2018)
Corporation Bank
a body corporate constituted under the provisions
of the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1980 having their having its
Zonal office at 28, Mittal Chambers, 2nd floor,
Nariman Point, Mumbai 400 021 and a Branch
Office amongst others at Corporation Bank 520,
Mangireesh Building, Ground Floor, L.J.Road
Cross, Mahim, Mumbai 400016, represented
through its Manager Mr.Noorul Haque Sheikh
age 41 years. ...Plaintiff
Versus
Mrs.Shehnaz Samir Shaikh,
Age: Adult, Occ: Business having
address at Bandra Link Road,
Near Gausiya Masjid, R/No.222a,
Ganesh CHS,6th Lane, Mukund Nagar,
Dharavi,Mumbai 400 017. ….Defendant
Appearances:-
Advocate Mr.Sinha for the Plaintiff.
Defendant Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 18th February 2020
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SUMMARY SUIT NO.1208/2019 2
J U D G M E N T
1. This is Summary Suit for recovery of Rs.54,043/-(Rupees Fifty
Four Thousand Forty Three Only) with simple interest @ Rs.13% p.a.
from the date of the suit till realization of amount.
2. According to the plaintiff, it is a Banking Company. On the
request of the defendant, the plaintiff sanctioned loan of Rs.50,000/-
for the purpose of catering business in December 2015 in favour of the
defendant. The plaintiff disbursed the loan amount of Rs.50,000/- in
favour of the defendant. The Defendant executed relevant documents as
Demand promissory note, take delivery letter, letter of undertaking
dtd.04.01.2016. The defendant had agreed to repay the loan amount in
equated monthly installments with interest @ 11% p.a. According to the
plaintiff, the defendant failed and neglected to pay the monthly
installments regularly. Vide legal notice dated 22.12.2018, the plaintiff
called upon the defendant to pay then due amount. However, the
defendant did not comply with it. At the institution of the suit, the
defendant was liable to pay Rs.54,043/-. Therefore, the plaintiff
claimed decree for recovery of said amount with interest.
3. Despite service of summons the defendant failed to appear.
Therefore, suit proceeded Ex-parte against the defendant.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:-
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SUMMARY SUIT NO.1208/2019 3
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of amount as prayed?
Yes
2. At what pendente lite and
future interest ?
At the rate of 9% p.a.
3. What order and decree? As per final order
REASONS
AS TO POINTS NO.1 to 3
5. The plaintiff examined its manager P.W.1 Noorul at Exh.6. His
testimony speaks that on the request of defendant loan of Rs.50,000/-
was disbursed in his favour by the plaintiff. However, the defendant
failed to repay the loan amount by regular monthly installments.
According to him, at the institution of the suit, amount of Rs.54,043/-
was due and payable by the defendant.
6. His testimony is corroborated by the documents on record as the
loan application, dated 07/11/2015 which reveals that defendant had
applied for loan. Sanction letter dtd.01/01/2016, demand promissory
note dtd.04/01/2016, take delivery letter, Letter of undertaking
dtd.04/01/2016 reveal that the defendant agreed to repay the loan of
Rs.50,000/- in equated monthly installments with interest @11% p.a..
The statement of account reveals that the loan was disbursed by the
plaintiff in favour of the defendant. Thus, it is clear that the plaintiff
had paid loan amount of Rs.50,000/- to defendant with interest @ 11%
p.a., but the defendant failed to repay the loan. On the date of filing of
the suit, the amount outstanding, due and payable by the defendant
was Rs.54,043/-. In these circumstances, the plaintiff is entitled to
recover the amount of Rs.54,043/-. It appears that the loan was granted
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SUMMARY SUIT NO.1208/2019 4
to the defendant from ‘Pradhanmantri Mudra Yojna’ for catering
business. Considering these circumstances, it is just and proper to grant
the interest at simple rate of 9% p.a. from the date of suit till realization
of amount. Hence, point No.1 is answered in the affirmative and point
No.2 is answered as that the plaintiff is entitled to the interest @ 9%
p.a. from the date of suit till realization of the amount. In view of Para-
499 of Civil Manual court fees has to be refunded to the plaintiff, this
being summary suit where the defendant did not appear. In answer to
point No.3 order as follows is passed.
ORDER
1. The suit is Ex-parte decreed with costs as under:-
2. The Defendant shall pay to the plaintiff amount of Rs.54,043/-
(Rupees Fifty Four Thousand Forty Three Only) with simple interest @
9% p.a. from the date of suit till realization of the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 18/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 18/02/2020
Signed on : 24/02/2020
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SUMMARY SUIT NO.1208/2019 5
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/02/2020 at 5.35p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 18/02/2020
Judgment/Order signed by P.O. on 24/02/2020
Judgment/Order uploaded on 27/02/2020
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