Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010010802020 Presented on 20/01/2020
Registered on 12/03/2021
Decided on 18/03/2026
Duration 06Y: 01M: 29D
Exhibit 21
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 299 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 Manger ]
M.S.Marg Branch. ]... Plaintiff
V/s. ]
1. Kishor Bhau Bangar ]
B-13, A Bldg. Kate-puram Pimple Gurav ]
Road, Navi Sangvi, Pune-411027, ]
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. 299/2021
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.), by the plaintiff bank for recovery of an
amount of Rs.2,69,711/- from the defendants. During pendency of the
suit the plaintiff substituted its authorized representative vide order
dated 04/10/2024 passed in Chamber Summons No.1364/2024.
02. The suit against defendant No. 2 is withdrawn in view of
Order 2, Rule 2 of C.P.C. as per order dated 10/07/2023 passed on
application at Exh. 3.
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 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
08/03/2014 for vehicle loan of Rs.6,89,111/- 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
18/03/2014 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/01/140016
(New Account No.560761000819573) 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. 23/05/2019. 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.2,69,711/- as on 22/11/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 09/12/2019 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 defendants in the
month of August, 2021. The plaintiff has filed affidavit of service at
Exh.2. Defendants have not caused their appearance and therefore, the
suit proceeded ex-parte vide order dated 21/10/2022. The suit
proceeded only against defendant No.1 vide order dated 10/07/2023.
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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. 5, and reiterated his contention of recovery of Rs.2,69,711/- The
plaintiff has filed and relied upon the following documents at Exh.6.
The plaintiff bank closed their evidence vide pursis at Exh. 20.
Sr.
No. Exhibit No. Particulars
1 Exh. 7 Original loan application.
2 Exh. 8 Original Credit Sanction Intimation.
3 Exh. 9 Original Agreement for terms loan.
4 Exh. 10 Original Agreement for Hypothecation.
5 Exh. 11 Original copy of undertaking/declaration dated
25/03/2014.
6 Exh. 12 Original Delivery receipt
7 Exh. 13 colly Office copy of Letter dated 11.11.2019 written by
plaintiff bank to the defendant No.1.
8 Exh.14 colly Office copy of Legal notice sent by plaintiff bank to
the defendant No.1 dated 09.12.2019 along with
postal receipt and track report. along with delivery
note.
9 Exh.15 Office copy of Legal notice sent by plaintiff bank to
the defendant No.2 dated 09.12.2019 along with
delivery note.
10 Exh.16 Copy of letter dated 28.11.2019 addressed to the
advocate for plaintiff by premier verified from
original.
11 Exh.17 Copy of letter dated 05.12.2019 addressed to the
advocate for plaintiff to premier verified from
original.
12 Exh.18 colly. Acknowledgment of debt by defendant No.1. Exh-
19(colly) Printout of statement of account and NPA
statement supported by certificate u/s 65B of The
Indian Evidence Act and Certificate u/s 2A of the
Banker's Books of Evidence Act, 1891.
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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.2,69,711/- from defendant No.1 ?
Yes, the plaintiff bank is
entitled to interest at the rate
of 7% p.a on Rs.2,69,711/-
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.7 to purchase new Premier Rio,
GLX (Petrol BS IV) car. Plaintiff bank sanctioned loan vide Exh.8 on
18/03/2014. Defendant No.1 has executed Agreement for term loan
dated 22/03/2014 at Exh.9, Hypothecation Agreement dated
22/03/2014 at Exh.10, letter of Undertaking/Declaration at Exh. 11
and Delivery Receipt dated 22/03/2014 at Exh. 12. 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 defendant No.1 on
11/11/2019 at Exh.13 and called upon to repay the outstanding
amount. Defendant No.1 failed to repay outstanding amount therefore,
plaintiff bank issued legal notice dated 09/12/2019 to the defendants
at Exh.14 colly & Exh.15 colly. 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.2,69,711/- is due against defendant No. 1 as
on 22/11/2019. On perusing said statement, it appears that an amount
of Rs.2,69,711/- is balance and due against defendant No.1. Further,
plaintiff has filed acknowledgment of debit by defendant No.1 at
Exh.18. 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 22/11/2019 an
amount of Rs.2,69,711/- was due against defendant No.1. The plaintiff
has filed extract of bank statement at Exh.19 colly. On perusing said
statement, it appears that the said statement is for the period
01/01/2014 to 31/03/2014, 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, 23/05/2019 to 01/12/2023. On perusing said extract, it
appears that as on 22/11/2019 an amount of Rs.2,69,711/- 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.
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Therefore, evidence of the plaintiff has remained unchallenged.
Further, plaintiff has not claimed further interest on the outstanding
amount. Thus, considering the facts and circumstances of the case, I
am of the view that plaintiff is entitled for an amount of Rs.2,69,711/-
from defendant No.1 only. Hence, I answer point No. 1 in affirmative
and in the result, in answer to point No. 2, I proceed to pass the
following order.
O R D E R
1) Summary Suit No. 299 of 2021 is hereby decreed with costs.
2) Defendant No.1 shall pay an amount of Rs.2,69,711/- (Rupees
Two Lakhs Sixty Nine Thousand Seven Hundred Eleven 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.2,69,711/- 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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