Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010010792020 Presented on 20/01/2020
Registered on 05/04/2021
Decided on 24/09/2024
Duration 04Y: 08M: 04D
Exhibit 22
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 382 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. ]... Plaintiff
V/s. ]
1. Sri Ganesh Shrirang Parthe ]
Flat No. 102, Shree Ganesh Darshan, ]
Ganesh Nagar, Kulgaon, Thane-421503, ]
Maharashtra. ]
2. M/s. Premier Ltd. ]
58, Nariman Bhavan, 5th Floor, ]
Nariman Point, Mumbai-21 ]
also at ]
Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
-- 1 of 9 --
2 SUM SU NO. 382/2021
Appearance:-
Ld. Advocate Akanksha Shukla h/f. Adv. Maya Majumdar for the
plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 24/09/2024
JUDGMENT
(Dictated and pronounced in open Court)
01. This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (C.P.C.) for recovery of an amount of Rs.
2,79,094/- from defendants.
02. The suit against defendant No. 2 is withdrawn in view of
Order 2, Rule 2 of C.P.C. as per order dated 18/09/2023 passed on
application at Exh. 5.
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,
1970 having its office at address mentioned in title cause. The Manager
of plaintiff bank has instituted suit on the basis of Power of Attorney
dated 22/07/2009. Defendant No. 1 is a 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 11/03/2014 for vehicle
loan of Rs. 6,91,623/- to purchase new Premier Rio, GLX (Petrol BS IV)
car. Plaintiff bank after scrutinizing the said documents advanced loan
of Rs. 6,22,000/- to defendant No. 1. The plaintiff bank sanctioned said
loan vide sanction letter dated 22/03/2014 at the rate of 10.65% p.a. as
per terms and conditions set out therein. Defendant No. 1 executed
-- 2 of 9 --
3 SUM SU NO. 382/2021
Agreement for term loan dated 25/03/2014, Hypothecation Agreement
dated 25/03/2014, letter of Undertaking/Declaration, Delivery Receipt
dated 22/03/2014 and defendants have executed Guarantee Agreement
dated 22/03/2014. The plaintiff bank opened loan account bearing
No. CVEHI/01/140037 (New Account No. 560761000819786) and an
amount of Rs. 6,22,000/- 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. 25/04/2019. As defendant No. 1 failed to repay said loan
account, plaintiff bank issued a letter dated 15/11/2019, and called
upon to pay outstanding amount of Rs. 2,79,094/- as on 25/10/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 18/11/2019 and 25/11/2019 to
defendant No. 1 and to defendant No. 2 respectively and called upon to
make payment of outstanding amount. The notice dated 25/11/2019
was served on 27/11/2019 by hand delivery to defendant No. 2.
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.
05. The defendants were served with the writ of summons on
07/08/2021 however, they have not caused their appearance and
therefore, the suit proceeded ex-parte against them by the order dated
-- 3 of 9 --
4 SUM SU NO. 382/2021
18/06/2022.
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. 2,79,094/-. The
plaintiff has filed and relied upon the following documents. Plaintiff
bank closed their evidence vide pursis at Exh. 21.
Sr.
No. Exhibit No. Particulars
1 Exh. 8 Original copy of loan application dated
11/03/2014.
2 Exh. 9 Credit Sanction Intimation dated 22/03/2014.
3 Exh. 10 Original copy of agreement for terms loan dated
25/03/2014.
4 Exh. 11 Original copy of Hypothecation of vehicle dated
25/03/2014.
5 Exh. 12 Original copy of undertaking/declaration dated
25/03/2014.
6 Exh. 13 Original Delivery Receipt dated 25/03/2014.
7 Exh. 14 Office copy of letter dated 15/11/2019 written by
plaintiff bank to defendant.
8 Exh.15 Office copy of legal notice dated 20/11/2019
issued by plaintiff bank to defendant No. 1.
9 Exh.16 Office copy of legal notice dated 25/11/2019
issued by plaintiff bank to defendant No. 2.
10 Exh.17 Verified copy of reply dated 28/11/2019 by
defendant No. 2 to plaintiff bank.
11 Exh.18 Verified copy of reply dated 05/12/2019 by
plaintiff bank to defendant No. 2's reply dated
28/11/2019.
12 Exh.19 colly. Statement of accounts and NPA statement
supported by certificate u/s. 65B of The Indian
Evidence Act
13 Exh.20 Original acknowledgment of debt by defendant.
-- 4 of 9 --
5 SUM SU NO. 382/2021
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. 2,79,094/- from defendants ?
Yes
As per final order
2. What order and decree? As per final order
R E A S O N S
AS TO POINTS NO. 1 AND 2 :-
08. It is argued on behalf of the plaintiff bank that as per
requirement of defendant No. 1 they advanced loan of Rs. 6,91,623/- as
vehicle loan to defendant No.1, as he agreed to repay it alongwith
interest at the rate of 10.65% p.a. Further, defendants had executed
necessary documents which plaintiff has proved the same by oral as
well as documentary evidence. As defendants failed to repay loan
amount therefore, plaintiff bank is entitled to recover an amount of
Rs. 2,79,094/- from defendant No. 1. Hence, suit may be decreed.
09. 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 11/03/2014 for vehicle at Exh. 8 to purchase new Premier Rio,
GLX (Petrol BS IV) car. Plaintiff bank sanctioned loan vide Exh. 9 on
22/03/2014. Defendant No. 1 has executed Agreement for term loan
dated 25/03/2014 at Exh. 10, Hypothecation Agreement dated
25/03/2014 at Exh. 11, letter of Undertaking/Declaration at Exh. 12
-- 5 of 9 --
6 SUM SU NO. 382/2021
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.
10. As, defendant No.1 failed to repay outstanding balance
amount therefore, plaintiff bank has issued letter to defendant No.1 on
15/11/2019 at Exh.14 an called upon to repay the outstanding amount.
Defendant No.1 failed to repay outstanding amount therefore, plaintiff
bank issued legal notice dated 20/11/2019 at Exh. 15 and called upon
to pay outstanding amount. Further, plaintiff bank has filed copy of
statement of accounts at Exh.19 colly. alongwith NPA statement
supported by certificate to show that an amount of Rs. 2,79,094/- is due
against defendant No. 1 as on 25/10/2019. On perusing said statement,
it appears that an amount of Rs. 2,79,094/- is balance and due against
defendant No. 1. 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.
11. Thus, as discussed above statement of account shows that
loan amount Rs. 2,79,094/- was outstanding as on 25/10/2019. Hence,
I hold that on the basis of oral and documentary evidence of plaintiff
bank, it is proved that plaintiff bank is entitled to recover an amount of
Rs. 2,79,094/- from defendant No. 1, as he failed to repay said amount.
So far as interest on the said amount is concerned, the plaintiff bank has
not claimed interest on the said amount. Plaintiff bank has sanctioned
loan on 22/03/2014. Further, on perusing statement of account at
Exh. 19, it appears that plaintiff has made last payment of installment
on 30/03/2019. The suit is filed on 20/01/2020. Therefore, suit is
-- 6 of 9 --
7 SUM SU NO. 382/2021
within limitation. Hence, I answer point No. 1 in affirmative and in the
result, in answer to point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No. 382 of 2021 is hereby decreed with the
costs.
2) Defendant No.1 shall pay an amount of Rs. 2,79,094/- (Rupees
Two Lakhs Seventy Nine Thousand and Ninety Four 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. 2,79,094/- 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: 24/09/2024
Dictated on: 24/09/2024
Corrected & signed on: 25/04/2024
-- 7 of 9 --
8 SUM SU NO. 382/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/09/2024 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 24/09/2024
JUDGMENT/ORDER signed by P. O. on 25/09/2024
JUDGMENT/ORDER uploaded on 25/09/2024
-- 8 of 9 --
9 SUM SU NO. 382/2021
-- 9 of 9 --