Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010001582018
Filed on : 04/01/2018
Registered on : 01/09/2018
Decided on : 04/01/2021
Duration : Year- 03 Month-00 Days-02
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO. 903 OF 2018
Exhibit-20
Union Bank of India, a body corporate a banking
company incorporated under Banking Companies
(Acquisition & Transfer of Undertakings) Act,
1970 and having its registered office at Union
Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman
Point, Mumbai-400 021 and having one of its
branch Office at Hind Jyoti Building, Gunjal
Mansion, Barister Nath Pai Marg, Cotton Green,
Mumbai-400 033 through its Authorised
representative Mr. Dilip Raj Satpathy ….Plaintiff
V/s.
1. M/s. Manjeeri Travels,
Flat No. B 304 A & B Maharaja
Complex, Narangi By Pass Road,
Virar (East) Palghar, Maharashtra
401 305.
2. Mangesh W. Patekar
353B, at post Narwan,
Taluka Guhnagar,
Ratnagiri, Maharashtra 415 703 ... Defendants
SUIT FOR RECOVERY OF RS.5,69,121.53 ps.
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Appearance:-
Adv. Mr. Harsh Patel for the Plaintiff.
Exparte against Defendants.
CORAM :- HER HONOUR JUDGE
SMT. SABIHA. G. SHAIKH
JUDGE,CITY CIVIL COURT,
GR.MUMBAI (C.R.NO.59)
DATE :- 4th January,2021
JUDGMENT
(Dictated and pronounced in Open Court.)
1. This is a summary suit under order XXXVII of Code of Civil
Procedure 1908.
2. The facts of the suit are summarized as under :-
The plaintiff is a body corporate, constituted and
established under the Banking Companies (Acquisition and Transfer of
Undertaking) Act,1970. The defendant No.2 is a proprietor of Manjeeri
travels (defendant No.1). On the application of defendant plaintiff
bank has disbursed vehicle Loan of Rs.5,98,500/- vide loan sanction
dated 27.05.2016. But, the defendant failed to pay balance amount of
Rs.5,42,443/- to the plaintiff inspite of terms, reminders. Hence,
plaintiff is constrained to file the suit for recovery of the said amount
against the defendant. According to the plaintiff amount of
Rs.5,69,121.53/- due and payable from the defendant with interest on
the date of the suit.
3. The suit summons were duly served on the defendant but
failed to appear. Hence, suit is posted for judgment as per order XXXVII
Rule 2 (3) of Code of Civil Procedure 1908.
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4. The following points arise for my determination and my
findings there on are as under for the reasons stated there under :-
POINTS FINDINGS
1 What is due and payable from the
defendant to the plaintiff ?
A] If yes, what would be the rate of
interest?
Amount of
Rs.5,69,121.53/- with
interest
@ 11.15 percent per
annum
2 What order and decree? Suit is decreed.
R E A S O N S
5. In order to prove the case of the plaintiff filed following
documentary evidence.
Exhibit.
No.
Description of documents Date
9 Loan Application 26.05.2016
10 Sanction letter 27.05.2016
11 Loan Agreement 27.05.2016
12 Hypothecation of the said vehicle
agreement
27.05.2016
13 Demand Promissory Note 27.05.2016
14 Letter of continuity 27.05.2016
15 Interest Agreement 27.05.2016
17 Notice 02.08.2017
18 Account Statement
AS TO POINT NO.1 :-
6. All the documents produced by the plaintiff at Exhibits-9 to
19 goes to establish that plaintiff has given loan of Rs.5,98,500/- to the
defendant. The documents further prove that the balance amount of
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Rs.5,69,121.53/-is due and payable to the plaintiff from defendants
towards the loan amount on the date of the suit. The defendants have
failed to repay the said loan amount to the plaintiff. The documents at
list Exhibits 9 to 19 goes to establish that the defendant is liable to pay
Rs.5,69,121.53/-/- to the plaintiff on the date of filing of the suit
towards the said loan amount and therefore, the defendant has failed to
repay his loan amount to the plaintiff. In this background, it is held that
plaintiff is entitled to recover sum of Rs.5,69,121.53/-from the
defendants.
7. The plaintiff has claimed 11.15% per annum on the
principle amount. As per section 34 of the Code of Civil Procedure the
rate of interest may exceeds 6% per annum, if the transaction is
commercial and there is contract pertaining to the same between the
parties. In the present case, the transaction is commercial one and there
is such contract existing between the parties as to the rate of interest
which shall be levied. Therefore, the transaction is a commercial one
and rate of interest @ 11.15% per annum would be just and proper to
be awarded on the principle sum adjudged i.e. amount of
Rs.5,69,121.53/-/-. Hence, point No.1 is answered in the affirmative.
AS TO POINT NO.2 :
8. In view of discussion and finding on point No.1, it is held that
plaintiff is entitled to recover Rs.5,69,121.53/- from the defendant with
interest at the rate of Rs.11.15% per annum from the date of filing of
the suit till its realization. Plaintiff is also entitled to recover cost of the
suit from defendant. Hence, in answered to point No.2, I proceed to
pass the following order.
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: O R D E R :
1. The defendants do pay Rs.5,69,121.53/- (Rs. Five Lakhs
Sixty Nine Thousand, One Hundred Twenty One and Fifty
Three Paise Only) to the plaintiff with interest at the rate
of 11.15% per annum from the date of filing of the suit
till its realization.
2. The defendants do pay costs of the suit to the plaintiff.
3. Court fee, if any, be refunded as per rule.
4. Decree be drawn accordingly.
Date :04.01.2021 (Smt. S. G. Shaikh)
Ad-Hoc Judge,
City & Civil Court,
Gr. Bombay
Dictated on: 04.01.2021
Typed on : 04.01.2021.
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
05.01.2021 11.00 a.m Mayuresh P. Tathe
Name of the Judge H.H.J. Smt. S. G. Shaikh.
City Civil Judge, Gr. Mumbai
(Court Room No.59)
Date of pronouncement of Order 04.01.2021
Order signed by P.O. on 05.01.2021
Order uploaded on 05.01.2021
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