Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.391/2018 1
Received on : 05012018
Registered on : 27032018
Decided on : 06012020
Duration : 02Y 00M 03D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 3912018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01002002018)
Indian Overseas Bank, a body Corporate
Constituted under the Banking Companies
(Acquisition & Transfer of Undertakings) Act,
1970 having its Central Office at 763,
Anna Salai Chennai600 002, Regional Office
5th floor, EWing, Maker Tower Cuffe Parade.
Mumbai400 005 and Branch office amongst
others at Breach Candy Branch, 65,67,
Mazda Mansion, Bhulabhai Desai Marg,
Near Breach Candy Hospital, Breach Candy,
Cumballa Hill, Mumbai 400026,
Through its Authorised Officer Mr.Rahul Dubey. ....Plaintiff
Versus
1. Mr.Harichandra Thakur
Age: Adult,
Residing at 67/E/A/P,
Savarkhar Sonari, Taluka Uran,
Navi Mumbai 400 707.
And also at:
Employee ID: 11508
Jawaharlal Nehru Port Trust,
Traffic Department,
Administration Building,
Nava Sheva,
Navi Mumbai400 707.
2. Mr.Harichandra R. Thakur
Age: Adult,
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SUMMARY SUIT NO.391/2018 2
Guarantor of Defendant No.1,
Office at Employee ID: 11256
Jawaharlal Nehru Port Trust,
Traffic Department.
PPD Administration Building,
Nava Sheva Navi Mumbai400 707.
3. Mr.Manoj Mhatre
Age: Adult,
Guarantor of Defendant No.1,
Office at Employee ID: 11153
Jawaharlal Nehru Port Trust,
PPD Administration Building,
Nava Sheva Navi Mumbai400 707. ...Defendants
Appearances:
Advocate Ms. Salma Ghaswala for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 6TH JANUARY 2020
J U D G M E N T
1. This is Summary Suit for recovery of amount of Rs.1,79,852/
(Rupees One Lakh Seventy Nine Thousand Eight Hundred and Fifty
Two Only) with interest @ 14.45% p.a. and 2% p.a. additional interest .
2. According to the plaintiff, it is a bank. On the request of
defendant no.1 the plaintiff granted him clean Loan facility of
Rs.4,00,000/ carrying interest at the rate of 15.75% with monthly rest.
Defendant No.1 was to repay the amount in equated monthly
installments. Defendant No.2 and 3 stood as guarantors for defendant
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SUMMARY SUIT NO.391/2018 3
No.1. Defendants No.1 to 3 executed loan documents as demand
promissory note, particulars of surety, PL8 form, F378 Confirmation
Letter, Guarantee agreements dtd.24.01.2012. However, the defendants
were irregular in repayment of the loan. On 15.01.2015 Defendant No.1
executed revival letter. Even thereafter, despite legal notice
dtd.16.05.2017, the defendants did not repay the amount. At the
institution of the suit outstanding due and payable amount by the
defendants was Rs.1,79,852/. Therefore, the plaintiff claimed decree
for recovery of said amount with the interest.
3. Despite service of summons the defendants failed to appear.
Therefore, the suit proceeded exparte against the Defendants No 1 to
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:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of the amount?
Affirmative
2. At what Pendentelite and
future interest?
Simple interest at the rate of 9%
p.a
3. What order & decree? As per final order
REASONS
AS TO POINTS NO.1 to 3:
5. The plaintiff filed Evidence affidavit of its manager PW1 Amit
Kumar at Exh.6 and also produced documents with list Exh.7. The
testimony of the PW1 Amit Kumar is substantially reproduction of the
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SUMMARY SUIT NO.391/2018 4
contents of the plaint. In brief, his testimony speaks that on the request
of Defendant No.1 clean loan facility of Rs.4,00,000/ was granted to
Defendant No.1. He was to repay the same in equated monthly
installments. Defendants No.2 and 3 stood as Guarantor. The
defendants executed loan documents as demand promissory note,
particulars of surety, confirmation letter, Guarantee agreements, PL 8
form. However, the defendants did not repay the amount regularly. At
the institution of the suit amount of Rs.1,79,852/ was due and payable
by the defendants.
6. The documents on record as demand promissory note Exh.10,
Particulars of Surety Exh.11, PL8 form Exh.12, Confirmation Letter
Exh.13, Guarantee agreements Exh.14, Support the testimonial PW1
Amit Kumar. It reveals that obtaining clean loan facility of
Rs.4,00,000/ defendants executed these documents in favour of the
plaintiff. The revival letter dtd.15.01.2015 at Exh.16 reveals that by
executing same defendant no.1 Acknowledged that he had obtained
loan amount of Rs.4,00,000/ on 24.01.2012. Thus fresh period of
limitation will start from 15.01.2015. The statement of account is
produced at Exh.18 which reveals that the loan of Rs.4,00,000/ was
disbursed in favour of Defendant No.1. On 30.12.2017, outstanding
due and payable amount by defendants was Rs.1,79,042/. Thus,
testimony of PW1 Amit Kumar alongwith the documents on record and
the circumstance that defendants failed to appear and contest/challenge
the suit, proved the case of the plaintiff. Therefore, plaintiff is entitled
to recovery of the amount as prayed. However, as regards Pendentelite
and future interest it is just and proper to grant the same at 9% p.a..
Hence point no.1 is answered in the Affirmative and point No.2 is
answered as simple interest at the rate of 9% p.a.. In view of Para499
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SUMMARY SUIT NO.391/2018 5
of Civil Manual court fees has to be refunded to the plaintiff this being
summary suit where the defendants did not appear. In answer to point
No.3 order as follows is passed:
ORDER
1. The suit is exparte decreed with costs as under.
2. Defendants No.1 to 3 shall jointly and severally pay to the
plaintiff amount of Rs.1,79,852/ (Rupees One Lakh Seventy Nine
Thousand Eight Hundred and Fifty Two only) with simple interest at
the rate of 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)
AdHoc Judge,
Date: 06/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 06/01/2020
Transcribed on : 06/01/2020
Signed on : 06/01/2020
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SUMMARY SUIT NO.391/2018 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07/01/2020 at 1.10p.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 06/01/2020
Judgment/Order signed by P.O. on 06/01/2020
Judgment/Order uploaded on 07/01/2020
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