Final Order 1

Order Details: Copy of Judgment
Pdf Text: S.C.Suit No.7232019 1
Exh
Lodged on 08.01.201903
Decided on 28/06/2022
Duration on 03Ys.05Ms.20Ds
MHCC010003052019
IN THE CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.723 OF 2019
Canara Bank, a body corporate
Constituted under the Banking Companies
(Acquisition & Transfer of Undertakings) Act,
1970 having its Head Office at 112, J.C.Road,
Bangalore560 002, and one of its Branch Office
amongst others known as Mumbai Girgaon SSB
Branch, Girgaum, Mumbai 400 004 … Plaintiff
V/s
Jivnath Avadhkishor Thakur
Ganesh Shukla Chawl, Room No.2,
Gaondevi Road, Near A.D.Singh Chawl,
Poisar, Kandivali(E), Mumbai 400101 ...Defendant
Appearance:
Ld.Counsel Rushab Mishra for plaintiff.
None for defendant.
CORAM : H.H.J.SHRI.A.V.Kharkar
DATE: 28th June,2022 C.R.NO.15
EXPARTE JUDGMENT
This suit is filed by plaintiff to recover amount of
outstanding loan from defendant borrower.
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S.C.Suit No.7232019 2
The facts of the case in brief are as follows.
2. On the application of the defendant, the plaintiff bank, on
6/8/2015 sanction credit facility of Rs.3,70,000/ under loan to
Micro & Small Enterprises. The defendant executed necessary
documents including agreement for loan. It was agreed to repay
the said loan in 60 months. After executing necessary document
the plaintiff bank disbursed loan of Rs.3,70,000/. Defendant
was not regular paying loan amount. Despite issuing notice, the
defendant did not repay loan amount. The plaintiff is seeking to
recover amount of Rs.2,16,411/ alongwith interest at the rate
of 10.55% plus 2% penal interest. Summons were issued to the
defendant. As per order dtd.28/1/2020, the suit was ordered to
exparte against defendant. He failed to appear despite of service
summons.
3. Following points arise for determination.
Sr.No. FINDINGS POINTS
1. Whether the plaintiff proves that
advance loan of Rs.3,70,000/ to
the defendant.?
In the affirmative
2 Whether the loan was to be
repaid with interest at the rate of
11.50% p.a.?
In the affirmative
3 Whether the plaintiff is entitled to
recover amount of Rs.2,16,411
with interest at the rate of 11.5%
p.a.?
In the affirmative
4 What order.? As per final order
REASONS
4. Considering the evidence on record and for the sake of
brevity points no.1 to 4 clubbed together for the purpose of
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S.C.Suit No.7232019 3
reasoning.
5. To prove their case, the plaintiff bank is relying upon their
averments which are supported by affidavit of evidence Exh8
and documents Exh9 and 18 on behalf of plaintiff Swapnil
Mukesh. The plaintiff bank has deposed that the defendant had
availed loan of Rs.3,70,000/ which was to be repaid with
interest at the rate of 11.5% p.a. within a period of 60 months.
The loan account become NPA as defendant to repay the loan
amount and hence they have filed suit for recovery of amount
insupport of their case, the plaintiff has relied upon following
documents:
1. Original loan application dtd.6/8/2015 Exh9
2. Original sanction Memorandum dtd.6/8/2015 Exh10
3. Original certificate of loan papers dtd.6/8/2015 – Exh11
4. Original letter Evidencing Execution of documents
dtd.6/8/2015 Exh12.
5. Original letter of undertaking reloans/Advances
dtd.6/8/2015 – Exh13.
6. Original particulars of Vehicles/ Machinery/
Equipment/Lives tock etc dtd.6.8.2015 Exh14.
7. Original deed of hypothecation revehicles dtd.6/8/2015
Exh15.
8. Original acknowledgement of Debt and security
dtd.20/7/2018 Exh16
9. Office copy of Advocate's Notice, postal receipt and
Acknowledgement Card dtd.3/12/2018 Exh17.
10. Statement of account Exh18
On perusal of loan application Exh9 it is proved that the
defendant had availed loan of Rs.3,70,000/ which was to be
repaid with interest. Statement of account Exh18 which is filed
alongwith certificate Banker's Book Evidence Act shows that
loan account of the defendant has following arrears becoming
NPA. As the defendant did not appear in the matter. The suit is
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S.C.Suit No.7232019 4
proceeded exparte. Averments in the plaint and evidence
adduced by the plaintiff has gone unchallenged. There is no
impediment in relying on the unchallenged testimony supported
by document. On the basis of evidence on record it is true that
an amount of Rs.2,16,411/ is due from the defendant and
plaintiff is entitled to recover the same with interest at the rate
of 11.5% p.a. From the date of suit till date of decree and
further interest at the rate of 9% p.a. on decreetal amount till
realization. Hence, following order is passed.
ORDER
1. Suit is decreed with costs.
2. Defendant is hereby directed to pay an amount of
Rs.2,16,411/ with interest at the rate of 11.5% p.a. from
the date of suit till date of decree.
3. Defendant is liable to pay interest at the rate of 9% p.a. on
decreetal amount from the date of decree till its
realization.
4. Decree be drawn up accordingly.
Date : 28/06/2022 (A.V.Kharkar)
Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on : 28/06/2022
Transcribed on : 29/06/2022
HHJ Signed on :
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S.C.Suit No.7232019 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30/06/2022 3.00pm (Mrs.P. P. Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI A.V.Kharkar
(C.R. No.15)
Date of Pronouncement of
JUDGMENT/ ORDER
28/06/2022
JUDGMENT/ORDER signed by P.O.
on
30/06/2022
JUDGMENT/ORDER uploaded on 30/06/2022
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