Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: 1
Received on : 24.01.2018
Registered on : 16.04.2018
Decided on : 30.10.2021
Duration : 03Y 09M 15D
EXHIBIT-
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SHORT CAUSE SUIT NO. 1081 OF 2018
( CNR No.MH-CC-01-001376-2018)
BANK OF INDIA, a Bank, a body ]
Corporate Constituted under the ]
Banking Companies (Acquisition ]
and Transfer of Undertakings) Act ]
V of 1970, having their Head Office ]
at Star House, C-5, G-Block, Bandra ]
Kurla Complex, Bandra (East), ]
Mumbai – 400 051, and one of its ]
Branch Office being Cumballa Hill ]
Branch, “Kemps Shoppe”, 1st Floor, ]
Near Hotel “Shalimar”, 141, August ]
Kranti Marg, Kemps Corner, ]
Mumbai 400 036, through its ]
Constituted Attorney Mr.Harikumar ]
S., Senior Manager (Law) of the ]
Plaintiff Bank. ].. Plaintiff.
V/s.
MR. BAIKUNTHNATH A. PANDEY, ]
An adult, Flat No.101, Roshan ]
Apartments, Opp. Holy Spirit ]
Hospital, Mahakali Caves Road, ]
Andheri (East), Mumbai 400 065. ]
And also
ECH – 95, Ganesh Nagar, ]
Aarey Milk Colony Road, ]
Goregaon (E), Mumbai-400065. ]..Defendant.
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Advocate Mr.Anant B. Shinde for the plaintiff.
Defendants Ex-parte.
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.15).
DATE : 30th OCTOBER 2021
JUDGMENT
The Suit is instituted for the relief of recovery of amount of
Rs. 2,55,062.68 along with interest thereon at the rate of 11.95% per
annum from the date of institution of the suit the realisation of the total
decreetal amount.
2. It is the case of plaintiff that defendant applied for a vehicle
loan to plaintiff. Loan amount of Rs. 5.77 lakh and accordingly, the
loan of Rs. 5.76 lakh was sanctioned. Defendant executed all the
required documents in favour of plaintiff on 22/06/2012. On
25/01/2015, defendant acknowledged his due debt of Rs. 4,31,724/–.
The defendant failed to repay the loan as per stipulated schedule and
hence his account was classified as Non-Performing Asset. Thereafter,
plaintiff issued a legal notice to defendant on 30/11/2017 calling him
upon to pay the amount. However, defendant failed to pay the amount.
As the date of institution of the suit, amount of Rs. 255,062.68 is due
and payable by defendant to plaintiff. Defendant is liable to pay
interest at the rate of 12.95% per annum. Hence, plaintiff has instituted
the present suit for recovery of amount.
3. The suit summons was duly served upon the defendant. He
failed to appear before the Court. Hence, suit proceeded ex-parte
against him as per order of my learned predecessor dated 02/11/2018.
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4. Considering the plaint, documents on record and
submissions of learned advocate for plaintiff, points arise for my
determination and my findings to them are as stated below for the
following reasons.
Sr.
No
POINTS FINDINGS
1 Whether plaintiff has proved that defendant
borrowed loan of Rs. 5,76,000/– from the
plaintiff?
In the
Affirmative
2 Whether plaintiff has proved that defendant
committed default in repayment of loan as
per stipulated schedule?
In the
Affirmative
3 Whether plaintiff is entitled to the relief is
claimed for?
In the
Affirmative
4 What Order and decree ? As per Final Order
R E A S O N S
AS TO POINT NOS.1 TO 4:
5. All Four points are related to each other. Hence, they are
discussed at once to avoid the repetition.
6. Plaintiff examined its authorised officer Mr Uday Kumar
Gupta. He has supported the contentions in the plaint in his affidavit of
examination in chief. He has proved all the documents produced by
plaintiff in his examination in chief.
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7. Plaintiff has produced the loan application at Exhibit–5.
Plaintiff bank has further produced the loan sanction letter at Exhibit–6.
It shows that the amount of Rs. 5,76,000/– was granted to defendant as
a loan and it was to be repaid in 60 monthly equated installments of Rs.
12,813/–. Plaintiff bank has produced demand promissory note at
Exhibit–7 executed by defendant on 22/06/2012. Plaintiff bank has
produced a letter issued by defendant to plaintiff bank for paying the
amount to bearer. It is at Exhibit–8. Plaintiff bank is produced
hypothecation cum loan agreement at Exhibit–9, which shows that the
loan of Rs. 5,76,000 was aware by defendant on 22/06/2012. Plaintiff
and has produced acknowledgement of debt executor by defendant on
25/01/2015 at Exhibit–10. Plaintiff bank has produced a copy of
demand notice dated 30/11/2017 along with the acknowledgement at
exhibit – –. Plaintiff bank is produced certified copy of the loan account
extract of the defendant at Exhibit–11, which shows that as on the date
of institution of the suit amount of Rs. 255,062.68 was due to plaintiff
bank from the defendant.
8. Defendant failed to appear before the court though duly
served. Hence, suit proceeded ex parte against him. The oral and
documentary evidence of plaintiff has gone unchallenged.
9. In view of all above documentary and oral evidence, I have
come to the conclusion that plaintiff has proved that defendant has
availed loan facility of Rs. 5,76,000/– from the plaintiff and failed to
repay the same as per stipulated schedule. The defendant was liable to
pay the amount of Rs. 2,55,062.68 plaintiff on the date of institution of
suit along with further interest thereon at the rate of 12.95% per
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annum. Accordingly I answer points Nos. 1 to 3 in the affirmative and
in answer to point No.4, I proceed to pass following order.
O R D E R
1. The suit is decreed with costs.
2. Defendant is directed to pay the amount of
Rs.2,55,062.68 to plaintiff along with interest
thereon at the rate of 12.95% from the date of
filing of the suit till realisation of the total
decreetal amount within 60 days from the date of
this order.
3. Decree be drawn accordingly.
4. Court fee be refunded to the plaintiff in
appropriate proportion and as per the
entitlement.
5. Short Cause Suit No.1081/2018 is disposed
of accordingly.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date: 30.10.2021 Gr.Mumbai.
Dictated on: 30.10.2021
Typed on : 08.11.2021
Signed on : 12.11.2021.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15.11.2021 AT 11.30 A.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.15)
Date of Pronouncement of
Judgment/Order
30/10/2021
Judgment/Order signed by P.O. on 12/11/2021
Judgment/Order uploaded on 15/11/2021
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