Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1/6 Judgment in Com. Suit No. 430/2020
Lodged on : 21.01.2020
Admitted on : 17.03.2020
Decided on : 16.03.2023
Duration : Y M D
3 1 23
COMMERCIAL SUIT NO. 430 OF 2020
CNR NO. : MHCC010008872020
Exh.20
Canara Bank, a body corporate ]
constituted and functioning under the ]
Banking Companies (Acquisition and ]
Transfer of Undertakings) Act, 1970 ]
having its Head Office at 112, J.C. Road, ]
Bangalore, Karnatak State and having ]
one of their branch office at 167, Navyug ]
Niwas, Opp. Minerva Cinema, Lamington ]
Road, Mumbai – 400 007. ] ...Plaintiff
Versus
M/s. Ajit Tours and Travels ]
A Proprietary concern, through its ]
Proprietor : Mr. Ganeshmurthy Asari ]
At B/113, Milind Nagar, Dr. Babasaheb ]
Ambedkar Marg, Matunga Labour Camp, ]
Mumbai – 400 019. ] ...Defendant
Appearance:
Adv. Sujata Dahigaonkar for Plaintiff.
Defendant exparte.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE, (C.R.NO.31)
DATED : 16th MARCH 2023
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2/6 Judgment in Com. Suit No. 430/2020
J U D G M E N T
(Delivered on : 16.03.2023)
The plaintiff bank has filed the present suit for the recovery
of the amount of Rs.3,93,386.77ps. from the defendant along with
interest at the rate of 11% per annum from the date of filing of the suit
till realization.
2. Brief facts of the plaintiff's case is as under:
The plaintiff is a Banking Institute. The defendant is a
proprietor of M/s. Ajit Tours and Travels. The defendant approached
the plaintiff bank for grant of Term Loan Facility of Rs.4,98,000/ on
18.12.2015 for the purpose of purchase of vehicle being Maruti Ritz LXi
for commercial purpose. All relevant documents were executed by the
defendant. The plaintiff bank transferred the said amount of
Rs.4,98,000/ in the account of the defendant. The defendant failed to
regularize the account. As a result of which the account was treated as
NPA on 30.06.2017. As defendant failed and neglected to pay the due
amount, the plaintiff bank through their Advocate issued a legal notice
to the defendant on 15.02.2019 calling upon the defendant to pay the
outstanding amount with interest. As per Statement of Account, as on
21.01.2020 the defendant is liable to pay a sum of Rs.3,93,386.77ps.
together with interest. Hence, the plaintiff filed the present suit against
the defendant and prayed that the defendant be directed to pay to the
plaintiff a sum of Rs.3,93,386.77ps. together with interest at the rate of
11% per annum with monthly rests from the date of filing of the suit till
its realization.
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3/6 Judgment in Com. Suit No. 430/2020
3. The suit summons was issued to the defendant through
paper publication. The summons was published in two local
newspapers. The Writ of Summons was duly served to the defendant,
but the defendant remained absent. Hence, as per order passed on
13.01.2023, the suit proceeded exparte against the defendant.
4. In support of the pleading, the plaintiff examined its
Branch Manager namely Mr. Pramod Adsul at Exh.7. The plaintiff filed
documentary evidence along with list Exh.8. The documentary evidence
are at Exh.9 to 18. Evidence closure pursis of the plaintiff is at Exh.19.
5. After considering the pleadings of the plaintiff and evidence
on record, following points arise for my determination and I have
recorded my finding against each of them with the reasons to follows:
POINTS FINDING
1) Whether plaintiff bank proves
that an amount of
Rs.3,93,386.77ps. is outstanding
from the defendant?
In the affirmative
2) Whether plaintiff bank is entitled
to recover an amount of
Rs.3,93,386.77ps. from the
defendant? If yes, at what rate of
interest?
In the affirmative.
At the rate of 10.95% per annum
on the principal amount.
3) What order and decree? As per final order.
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4/6 Judgment in Com. Suit No. 430/2020
R E A S O N S
6. Heard Learned Advocate Sujata Dahigaonkar for the
plaintiff at length.
As to Point Nos.1 & 2
7. It is the case of the plaintiff that on the request of the
defendant, the plaintiff bank sanctioned the loan of Rs. 4,98,000/ to
the defendant on 18.12.2015 for the purchase of vehicle being Maruti
Ritz. The defendant executed relevant documents in favour of the
plaintiff bank, but the defendant failed to repay the loan amount.
According to the plaintiff, an amount of Rs.3,93,386.77ps. is due from
the defendant. At the outset, it is to be noted that inspite of service of
summons, the defendant failed to appear before the Court. The
defendant has not filed any Written Statement in the suit. Therefore, it
can be said that the averments made in the plaint were deemed to have
been admitted by the defendant.
8. PW1 Pramod Adsul, branch manager of the plaintiff bank
deposed before the Court at Exh.7. His evidence is in consonance with
the averments made in the plaint. He has specifically deposed that an
amount of Rs. 3,93,386.77ps. is outstanding from the defendant. The
aforesaid oral evidence of the plaintiff's witness is not subjected to the
crossexamination. Therefore, I have no reason to disbelieve the version
of the plaintiff.
9. The oral evidence of the plaintiff is supported by
documentary evidence. The relevant documents submitted by the
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5/6 Judgment in Com. Suit No. 430/2020
plaintiff are at Exh.9 to 18. On perusal of bank statement at Exh.17, it
appears that an amount of Rs. 3,93,386.77ps. is outstanding from the
defendant. The non appearance of the defendant despite service of
summons inferred that they admit the suit claim. In fact the plaintiff
bank by adducing oral as well as documentary evidence sufficiently
proved that an amount of Rs.3,93,386.77ps. is outstanding from the
defendant. Hence, the plaintiff is entitled to recover the outstanding
amount from the defendant along with interest.
10. So far as the rate of interest is concerned, the plaintiff bank
has claimed interest at the rate of 11% per annum. The agreed rate of
interest between the parties is 10.95% per annum. In short, the plaintiff
is entitled to recover the outstanding amount of Rs.3,93,386.77ps.
along with interest at the rate of 10.95% per annum. Hence, I answer
point no. 1 in affirmative and point no. 2 accordingly.
11. In the light of aforesaid discussion, it is concluded that the
plaintiff has established its claim. Hence, the plaintiff bank is entitled to
recover the outstanding amount of Rs.3,93,386.77ps. from the
defendant alongwith interest at the rate of 10.95% per anuum on the
principal amount from the date of filing of the suit till its realization.
Hence, the suit needs to be decreed. Hence, I pass the following order:
ORDER
1) Commercial Suit No. 430 of 2020 is decreed with costs.
2) The defendant do pay an amount of Rs.3,93,386.77ps. (Rs. Three
Lakhs Ninety Three Thousand Three Hundred Eighty Six and
Seventy Seven Paise Only) to the plaintiff bank along with
interest at the rate of 10.95% per annum on the principal amount
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6/6 Judgment in Com. Suit No. 430/2020
from the date of filing of the suit till its realization within three
months from the date of this decree.
3) Defendant shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Dated : 16.03.2023 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 16.03.2023
Transcribed on : 21.03.2023
Signed on : 21.03.2023
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7/6 Judgment in Com. Suit No. 430/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21.03.2023 5.05 p.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
16.03.2023
Judgment/order signed by P.O on 21.03.2023
Judgment/order uploaded on 21.03.2023s
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