Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.56/2020
MHCC010002202020
Presented on : 06.01.2020
Registered on : 27.01.2020
Decided on : 28.03.2022
Duration : Y2, M2, D1
IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI
COMMERCIAL SUIT NO. 56 OF 2020
BANK OF INDIA, a body ]
corporate under banking Companies ]
(Acquisition & Transfer of Undertakings) ]
Act, 1970, Having their Head Office at Star ]
House, Plot No.C/5, 'G' Block, Bandra Kurla]
Complex, Bandra (E), Mumbai – 400 051, ]
and one of its Branch office amongst ]
others known as Gandhi Market Branch ]
Plot No.1819/290A, Anand Nagar, Flank ]
Road, Mumbai 400 037, though its ]
Authorized Representative ]
Mr. Dilip B. Umredkar, Senior Manager of ]
the plaintiff ]......Plaintiff
V/s
1. M/S MEGHANA TOUS AND TRAVELS ]
A Proprietorship Concern having address ]
at Mohite Patil Nagar, Chawl, No.12, ]
Room No.209, Mankhurd (West), ]
Mumbai – 400 043. ]
2. MR. JANARDHAN UTTAM JDHAV ]
Proprietor of M/s Meghana Tours and ]
Travels, Adult, Indian Inhabitant having ]
address at Mohite Patil Nagar, Chawl No.12]
Room No.29, Mankhurd (West) ]
Mumbai 400 043. ]......Defendants
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2 Comm.SU No.562020
APPEARANCE:
Adv. Anant B. Shinde for the plaintiff.
Defendants – Exparte
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 28th March, 2022
EXPARTE JUDGMENT
This is commercial suit for recovery of outstanding amount
of loan.
In brief, the plaintiff's case is as under :
2. The plaintiff is a banking company. The defendant No.1 is
the proprietary and defendant No.2 is its proprietor. Pursuant to the
request of defendants No.2, the plaintiff sanctioned car loan of
Rs.6,95,000/ to the defendants. The defendants have executed various
documents in favour of plaintiff for obtaining said loan. The defendants
have failed and neglected to repay the outstanding amount of loan.
Therefore, the plaintiff by letter dated 28.03.2019, called upon the
defendants to pay the outstanding amount. The defendants have failed
to repay the outstanding balance of the loan. The defendants are liable
to pay amount of Rs.4,23,920.41ps alongwith interest at the rate of
11.90% p.a. plus 2% penal interest. Therefore, the plaintiff has filed this
suit to recover said amount from the defendants.
3. In view of order dated 21.02.2022, suit is proceeded ex
parte against the defendants.
4. Heard the learned Advocate for the plaintiff. No argument
of the defendants. Points for determination along with my findings
thereon with reasons are as under:
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3 Comm.SU No.562020
POINTS FINDINGS
1. Whether the plaintiff proves that the
defendants have failed to pay
Rs.4,43,920.41ps as outstanding amount of
the loan borrowed by them from the plaintiff
Bank ?
Yes
2. If yes, what amount is due and payable by the
defendants to the plaintiff and at what rate of
interest ?
Rs.4,43,920.41ps
alongwith interest
@ 11.90% p.a.
3. What order and decree? Suit is decreed.
REASONS
AS TO POINT NOS.1 AND 2:
5. All these points are interlinked with each other, hence they
are taken together for consideration. The plaintiff in support of its claim
has examined Mr. Chandraprakash (PW1) at exh.8. He deposes in
support of the suit claim. The letter of sanction at exh.11 shows that the
defendants had applied to the plaintiff for sanction of loan of
Rs.6,,95,000/ and the plaintiff bank has sanctioned said loan.
Accordingly, the defendants have executed demand promissory note at
exh.12, hypothecation cum loan agreement at exh.15 in favour of the
plaintiff. All these documents read alongwith the oral evidence of Mr.
Chandraprakash (PW1) prove that the defendants have obtained loan
of Rs.6,95,000/ from the plaintiff with rate of interest at the rate of
12.45% p.a.
6. The acknowledgment of letter exh.17 was executed on
20.06.2018 and thereby the limitation is extended. The letter dated
28.03.2019, at exh.18 was issued by the plaintiff calling upon the
defendants to make payment of the outstanding amount of the loan.
The statement of loan account at exh.20 shows that on 02.12.2019,
amount of Rs.3,79,313.41ps was due and payable from the defendants.
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4 Comm.SU No.562020
Further statement of account page No.44 (exh.20) shows that by
calculating the interest Rs.44,607/ on 23.12.2019 amount of
Rs.4,23,920.41ps was due and payable by the defendants to the
plaintiff. Therefore, on the date of filing of this suit amount of
Rs.4,23,920.41ps alongwith interest at the rate of 11.90% p.a. is due
and payable from the defendants. Hence, the plaintiff is entitled to
recover amount of Rs.4,23,920.41ps at the rate of 11.90% p.a. from the
date of the filing of the suit till realization. I answer point Nos.1 to 2
accordingly.
AS TO POINT NO.3:
7. In view of my findings to point Nos.1 and 2, the suit is
liable to be decreed with costs. In the result, in answer to point No.3, I
pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendants do pay jointly and severally to the
plaintiff an amount of Rs.4,23,920.41ps (Rupees Four
Lakh Twenty Three Thousand Nine Hundred Twenty
and paise Forty One only) alongwith interest at the
rate of 11.90% p.a. from the date of filing of suit till
its realisation.
3. Decree be drawn up accordingly.
(Rajesh A. Sasne)
Judge,
City Civil & Sessions Court,
Date : 28.03.2022 Mumbai.
Dictated on : 28.03.2022
Typed on : 29.03.2022
Signed by HHJ on : 29.03.2022
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5 Comm.SU No.562020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
29.03.2022 at 01.58 p.m.
UPLOAD DATE AND TIME
(Mr. S. V. Ambekar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
28.03.2022
Judgment/order signed by P.O. on 29.03.2022
Judgment/order uploaded on 29.03.2022
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