Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No. 285 of 2019 Exh. 17
MHCC010001862019
Presented on : 04-01-2019
Registered on : 01-02-2019
Decided on : 09-03-2023
Duration : 4 Y, 2 M, 5 D.
Exh. 17.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.285 OF 2019.
Bank of Baroda, a body ]
Corporate, Constituted under the ]
Banking Companies (Acquisition and Transfer ]
of Undertaking) Act V 1970, ]
having their Head Office at Mandvi, ]
Baroda, Gujrat State and their Branch, ]
Office at Moreland Branch, ]
Gulmarg, Apartment, Mumbai – 400 008. ] .... Plaintiff.
V/s
M/s. Choudhari Ladies Footware, ]
Though it's Proprietor ]
Mr. Israr Ahmed Choudhari ]
2A, Loft 120, Shah Zadi Mansion ]
Opp. Alishan Hotel, M.A. Road, ]
Duncan Road, ]
Mumbai – 400 008. ]….Defendant.
Appearance:
Adv. Ms. Pranjali Asubhe h/f Adv Purnima Pandit for the plaintiff.
Defendant Exparte.
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Judgment in
Suit No. 285 of 2019 Exh. 17
SUIT FOR RECOVERY OF MONEY
Coram : Shri. S. B. Pawar.
Judge.
CR No. : 59.
Date :9th March, 2023.
ORDER
This is a suit for recovery of an amount of Rs.2,32,596/
alongwith interest at the rate of 10.65% p.a. with monthly rests from
the date of filing of the suit.
Brief facts of the plaintiff's case are as under :
2. The plaintiff is a body corporate constituted under Banking
(Acquisition and Transfer of Undertaking) Act, 1970. Defendant had
applied to the plaintiff for cash credit of Rs.2,50,000/. The same was
sanctioned by the plaintiff vide Sanction Letter dated 25.07.2016.
Defendant executed demand Promissory Note, Letter of Continuing
Security and Letter of Sole Proprietorship. Composite Undertaking cum
Declaration and Composite Hypothetication Agreement, all dated
25.07.2016. However, defendant failed and neglected to pay
outstanding amount under the said loan account. Plaintiff issued notice
dated 21.06.2018 through advocate, calling upon the defendant to pay
the outstanding amount. However, defendant failed to repay the
amount. An amount of Rs. 2,32,596/ is due and outstanding from the
defendant. Thus, the suit is filed to recover the said amount with
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Judgment in
Suit No. 285 of 2019 Exh. 17
interest at the rate of 10.65% p.a. from the date of the suit.
3. Despite of service of writ of summons, defendant failed to
appear in the suit. Therefore, the suit proceeded exparte against the
defendant.
4. Following points arise for my determination to which I
record my findings for the reasons discussed below.:
Sr. No. POINTS FINDINGS
1. Whether plaintiff proves that an
amount of Rs.2,32,596/ is due
and payable by the defendant to
the plaintiff?
..Yes..
2. Whether plaintiff is entitled to
recover the aforesaid amount
with interest from the defen
dant ? At what rate?
...Yes..
Interest @ 10.65 %
p.a.
3. What order and decree? Suit is decreed.
REASONS
As to point Nos. 1 to 3:
5. Heard Ld. advocate for the Plaintiff. To substantiate the suit
claim, PW 1 Mr.Rizwan Merchant, the officer on behalf of the plaintiff
Bank filed his affidavit in lieu of examination in chief at Exh.6 and
therein the contents of the plaint are reproduced.
6. The documents tendered in evidence are duly proved in the
evidence of the witness. Letter of Sanction dated 25.07.2016 at Exh. 8
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Judgment in
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reflects that plaintiff Bank sanctioned the cash credit facilities of Rs.
2,50,000/ to defendant for the purpose of working capital for
manufacturing ladies foot wear at the rate of 10.65 % p.a. and it was
for the period of 12 months subject to annual review.
7. Exh. 9 Demand Promissory Note, Exh. 10 Letter of
Continuing Security, Exh.11 Letter of Sole Proprietorship, Exh. 12
Composite Undertaking cum Declaration and Exh.13 Composite
Hypothetication Agreement are all executed by Proprietor Mr. Israr
Ahmed Choudhari on behalf of the defendant Proprietary Firm.
8. Statement of Account at Exh.15 reflects outstanding
balance of Rs.2,32,596.71/ including unapplied interest of Rs.
30,782.21/ till 30.12.2018. It further shows the last deposit entry of
Rs.4,922/on 18.10.2017. These documents coupled with the
documents at Exh.8 to 13 establish that plaintiff Bank advanced cash
credit facilities to the tune of Rs.2,50,000/ to defendant and an
amount of Rs. 2,32,596/ as claimed in the suit, is outstanding in the
loan account of the defendant. Demand Notice at Exh14 is issued to
the defendant. Writ of Summons is also served upon the defendant, but
defendant has not appeared and putforth any defence to the suit claim.
Suit is within the limitation. Therefore, the plaintiff is entitled to
recover the outstanding amount from the defendant with agreed rate of
interest at 10.65% p.a. Thus, the suit deserves to be decreed.
Resultantly, point Nos. 1 & 2 are answered in the affirmative and
following order is passed :
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Judgment in
Suit No. 285 of 2019 Exh. 17
ORDER
1.Suit No 285 of 2019 is decreed with costs.
2. Defendant shall pay an amount of Rs.2,32,596/ to the
plaintiff with interest at the rate of 10.65% p.a. from the date of
the suit till the entire amount is realised.
3. Decree be drawn up accordingly.
4. Suit No.285 of 2019 is disposed off accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:09.03.2023 Greater Bombay (CR 59)
Declared on : 09.03.2023
Dictated on : 09.03.2023
Transcribed on : 17.03.2023
Checked on : 18.03.2023
Signed on : 21.03.2023.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.03.2023 at 5.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 09.03.2023
Order signed by P.O. on 21.03.2023
order uploaded on 21.03.2023
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Judgment in
Suit No. 285 of 2019 Exh. 17
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.02.2023 at 5.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 08.02.2023
Order signed by P.O. on 24.02.2023
order uploaded on 24.02.2023
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