Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010010042020 Presented on 20/01/2020
Registered on 12/03/2021
Decided on 18/03/2026
Duration 06Y: 01M: 29D
Exhibit 22
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 305 OF 2021
UBI ( e-Corpn)
Corporation Bank ]
A body corporate constituted by and under ]
the provisions of the the Banking Companies ]
(Acquisitions & Transfer of Understanding) ]
Act, 1980 having its head office at Mangalore ]
and also at Veena Chamber 21, Dalal Street ]
Fort, Mumbai, Maharashtra 400 001 ]
Through the Manager, Fort Branch. ]
Shri Jitendra Singh Rawat, Senior Manager ]
M.S.Marg, Branch, aged about 31 years. ]... Plaintiff
V/s. ]
1. Sri Ganesh Tulshiram Tilekar ]
C/o. Pradesh Dilip Shailigram G.No.1319, ]
Morewasti, Near Krishna Mandir, Chikhali, ]
Pune-411019, Maharashtra. ]
2. M/s. Premier Ltd. ]
58, Nariman Bhavan, 5th Floor, ]
Nariman Point, Mumbai-400 021, also at ]
Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
Appearance:-
Ld. Adv. Maya Majumdar for the plaintiff.
Defendants absent (Ex-parte).
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2 SUM SU NO. 305/2021
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 18/03/2026
JUDGMENT
(Dictated and pronounced in open Court)
01. This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (C.P.C.) for recovery of an amount of
Rs.2,78,546/- from the defendants. During pendency of the suit the
plaintiff substitute its authorized representative vide order dated
22/01/2025 passed in Chamber Summons No.2628/2024.
02. The suit against defendant No.2 is withdrawn in view of
Order 2, Rule 2 of C.P.C. as per order dated 01/07/2024 passed on
application at Exh. 4.
Brief facts of plaintiff’s case may be summarized as under :-
03. The plaintiff bank is a body corporate constituted under the
Banking Companies (Acquisition and Transfer of Understanding) Act,
1980 having its office at address mentioned in title cause. The Manager
of plaintiff bank has filed the suit. Defendant No.1 is an individual and
a borrower of loan and defendant No.2 was guarantor to said loan.
Defendant No.1 had approached to the plaintiff and applied on
08/03/2014 for vehicle loan of Rs.6,89,000/- to purchase new Premier
Rio, GLX (Petrol BS IV) Car. Plaintiff bank after scrutinizing the said
documents advanced loan of Rs.6,20,000/- to defendant No.1. The
plaintiff bank sanctioned said loan vide sanction letter dated
20/03/2014 at the rate of 10.65% p.a. as per terms and conditions set
out therein. Defendant No.1 executed Agreement for term loan dated
22/03/2014, Hypothecation Agreement dated 22/03/2014, letter of
Undertaking/Declaration, Delivery Receipt dated 22/03/2014 and
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defendants have executed Guarantee Agreement dated 22/03/2014.
The plaintiff bank opened loan account bearing No. CVEHI/01/140004
(New Account No. 560761000819476) and an amount of
Rs.6,20,000/- was directly paid to defendant No.2 as per direction of
defendant No. 1.
04. According to the plaintiff, the defendants had agreed terms
and conditions of agreement. However, defendants failed and neglected
to pay monthly installments of loan and last payment made by
defendant No.1 on 30/03/2019. Therefore, loan account declared as
N.P.A. w.e.f. 22/04/2019. As defendant No.1 failed to repay said loan
account, plaintiff bank issued a letter dated 11/11/2019, and called
upon to pay outstanding amount of Rs.2,78,546/- as on 22/10/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 25/11/2019 to defendants and called
upon to make payment of outstanding amount. Further, defendant No.2
replied to said notice on 28/11/2019 and acknowledged and admitted
liability to make full repayment. Plaintiff replied to defendant No.2's
notice on 05/12/2019 and informed notice cannot be withdrawn
against defendant No.1. The defendants failed to repay outstanding
amount. Therefore, plaintiff bank has filed the present suit and prayed
to decree the suit accordingly. Hence, this suit.
05. The writ of summons was served on defendant No.2 on
06/08/2021. The writ of summons was served on defendant No.1 by
way of substitute service by paper publication on 28/03/2024. The
plaintiff filed affidavit of service on record at Exh.2 and 3 respectively.
Defendants have not caused their appearance and therefore, the suit
proceeded ex-parte against them vide order dated 22/09/2022 and
01/07/2024 respectively. The suit proceeded only against defendant
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No.1 vide order dated 01/07/2024.
06. In support of claim, the plaintiff filed its affidavit of claim
of Jitendra Singh Rawat, Senior Manager of plaintiff bank as P.W.1 at
Exh.6, and reiterated his contention of recovery of Rs.2,78,546/- The
plaintiff has filed and relied upon the following documents at Exh.7.
Plaintiff bank closed their evidence vide pursis at Exh. 20.
Sr.
No. Exhibit No. Particulars
1 Exh. 8 Loan Application.
2 Exh. 9 Credit Sanction Intimation.
3 Exh. 10 Original Agreement of Term Loan.
4 Exh. 11 Original Agreement for Hypothecation.
5 Exh. 12 Original Letter of undertaking/declaration.
6 Exh. 13 Original Delivery receipt.
7 Exh. 14 Legal notice dated 25.11.2019 sent by plaintiff
bank to defendant No.1.
8 Exh.15 Legal notice dated 25.11.2019 sent by plaintiff
bank to Premier Ltd.
9 Exh.16 True copy of reply dated 28.11.2019 by premier
Ltd. to Plaintiffs demand notice sent through its
advocate verified from original.
10 Exh.17 True copy of reply dated 05.12.2019 by plaintiff's
advocate to letter dated 28.11.2019 verified from
original.
11 Exh.18 colly. Print out of statement of accounts supported by
certificate u/s 65B of The Indian Evidence Act.
12 Exh.19 Original Acknowledgment of debt by defendant.
13 Art.A. Gazette Notification.
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07. To decide the present suit, following points arise for my
determination to which my findings are recorded against each of them
for the reasons given below :-
Sr.
No.
Points Findings
1. Whether the plaintiff bank is entitled
to recover an amount of Rs.2,78,546/-
from defendant No.1?
Yes, the plaintiff bank is
entitled to interest at the rate
of 7% p.a on Rs.2,78,546/-
from 20/01/2020, the date
of filing of suit till its full
realization from defendant
No. 1 only.
2. What order and decree? As per final order.
R E A S O N S
AS TO POINTS NO. 1 AND 2 :-
08. Perused plaint, oral and documentary evidence. Heard
leaned counsel for the plaintiff bank. Mr. Jitendra Rawat P.W.1, Senior
Manager of plaintiff bank has reiterated contents in plaint. Further,
defendant No.1 had approached plaintiff bank and made application
dated 08/03/2014 for vehicle at Exh. 8 to purchase new Premier Rio,
GLX (Petrol BS IV) car. Plaintiff bank sanctioned loan vide Exh. 9 on
20/03/2014. Defendant No. 1 has executed Agreement for term loan
dated 22/03/2014 at Exh.10, Hypothecation Agreement dated
22/03/2014 at Exh.11, letter of Undertaking/Declaration at Exh.12 and
Delivery Receipt dated 22/03/2014 at Exh. 13. On perusing these
documents, it appears that defendant No. 1 had applied for vehicle loan
which was sanctioned and same is paid to defendant No.2.
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09. As, defendant No.1 failed to repay outstanding balance
amount therefore, plaintiff bank has issued letter to defendants on
25/11/2019 at Exh.14 & 15 respectively and called upon them to repay
the outstanding amount. Defendants failed to repay outstanding
amount. Further, plaintiff bank has filed copy of statement of accounts
at Exh.18 colly. Along with NPA statement supported by certificate to
show that an amount of Rs.2,78,546/- is due against defendant No. 1 as
on 22/10/2019. On perusing said statement, it appears that an amount
of Rs.2,78,546/- is balance and due against defendant No.1. Further,
plaintiff has filed acknowledgment of debit by defendant No.1 at
Exh.19. Thus, as per oral and documentary evidence adduced by the
plaintiff bank that it is proved that defendant No.1 had borrowed
vehicle loan and failed to repay outstanding amount. Further, as
defendant No. 1 has failed to appear and cross examine the evidence of
the plaintiff bank has remained unchallenged.
10. The plaintiff has contended that as on 22/10/2019 an
amount of Rs.2,78,546/- was due against defendant No.1. The plaintiff
has filed extract of bank statement at Exh.17 colly. On perusing said
statement, it appears that the said statement is for the period
01/04/2014 to 31/03/2015, 01/04/2015 to 31/03/2016, 01/04/2016
to 31/03/2017, 01/04/2017 to 31/10/2017, 01/01/2017 to
22/10/2024. On perusing said extract, it appears that as on
22/10/2019 an amount of Rs.2,78,546/- appears to be due against
defendant No.1. Thus, it appears that plaintiff has proved by oral and
documentary evidence its contention. Further, defendant No.1 has not
appeared in the matter and contested it. Therefore, evidence of the
plaintiff has remained unchallenged. Further, plaintiff has not claimed
further interest on the outstanding amount. Thus, considering the facts
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and circumstances of the case, I am of the view that plaintiff is entitled
for an amount of Rs.2,78,546/- from defendant No.1 only. Hence, I
answer point No.1 in the affirmative and answer to point No. 2, I
proceed to pass the following order.
O R D E R
1) Summary Suit No. 305 of 2021 is hereby decreed with costs.
2) Defendant No.1 shall pay an amount of Rs.2,78,546/- (Rupees
Two Lakhs Seventy Eighty Thousand Five Hundred and Forty Six
only) to the plaintiff bank within 60 days from the date of order.
3) If, defendant No.1 fails to pay above amount within 60 days, he
shall pay to the plaintiff bank simple interest on Rs.2,78,546/- at
the rate of 7% per annum from 20/01/2020, the date of filing of
suit till its full realization.
4) The plaintiff bank may be entitled to get refund the court fees
paid, if provided for in Rules.
5) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Court Room No.81
Date: 18/03/2026
Dictated on: 18/03/2026
Corrected & signed on: 20/03/2026
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/03/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 18/03/2026
JUDGMENT/ORDER signed by P. O. on 20/03/2026
JUDGMENT/ORDER uploaded on 30/03/2026
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