Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Sum Suit No.384/2019
MHCC010014612019 Presented on : 04.02.2019
Registered on : 07.03.2019
Decided on : 23.07.2026
Duration : 07 Y : 05 M : 19 D
Exhibit : 22
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMARY SUIT NO.384 OF 2019
Syndicate Bank
Canara Bank
A Govt. of India Undertaking constituted under the
Banking Companies (Acquisition and Transfer of
Undertakings) Act-1970, having their head office at
Bangalore, Karnataka State and a branch office at
Byculla Branch, Mumbai 400 027, Maharashtra.
]
]
]
]
]
]
] ...Plaintiff
Versus
Mrs. Shaikh Anjum Mohammed Ishaque
Proprietor of M/s. Ibrahim Travels
at Plot No.18 A, Ground Floor, Bori Chawl,
Nr. Ansari Marg, Arab Lane, Mumbai Central,
Mumbai 400 008.
]
]
]
]
] ...Defendant.
Appearances :-
Ld. Adv. S. R. Kadam for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HHJ P. B. LOKHANDE (C.R.No.82)
DATE : 23/07/2026
J U D G M E N T
This summary suit is filed for recovery of amount vide
Order XXXVII of Code of Civil Procedure, 1908.
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..2.. Sum Suit No.384/2019
The facts in brief are as under :-
2. The plaintiff Bank is a Govt. of India Undertaking
constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act-1970, having their head office at Bangalore,
Karnataka State and a branch office at Byculla Branch, Mumbai 400
027, Maharashtra.. The suit is filed through Yashwant Devda, Manager
of the bank.
3. It is stated that, defendant Shaikh Anjum Mohammad
Ishaque approached the plaintiff bank for credit facility on 01.01.2015
for purchase of Maruti Swift Dzire. The bank sanctioned vehicle loan
of Rs.6,37,000/- on 21.05.2015 with interest @11.50% p.a.
compounded monthly to the defendant. The defendant agreed to pay
monthly installment of Rs.14,010/-. Thereafter, the plaintiff after
execution of necessary documents disbursed vehicle loan of
Rs.6,37,000/- to the vendor on 10.02.2015. The defendant failed to
pay the installments, account was treated as NPA on 31.07.2018. The
outstanding dues Rs.3,22,414/- along with interest Rs. 17,985/- was
outstanding on 31.07.2018. Thereafter, the bank has sold the
hypothecated vehicle for Rs.1,60,000/- on 15.10.2018 in auction. The
plaintiff bank issued notice through Advocate on 13.11.2018 for the
outstanding dues of Rs.2,07,094/-, the defendant failed to collect the
notice from postal authority and returned unclaimed. The defendant
failed to pay the dues. The plaintiff bank claiming decree against the
defendant of Rs.2,14,799/- along-with further interest at the rate of
11.50% p.a. in this suit.
4. The writ of summons was served upon the defendant, she
failed to appear. Hence, my Ld. Predecessor passed ex-parte order on
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08.07.2024.
5. Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I record findings with
reasons thereon as under :
Sr. No. POINTS DECISIONS
1. Whether the plaintiff bank is entitled for
recovery of sum of Rs.2,14,799/- with
further interest on claim amount at the
rate of 11.50% p.a.?
...Partly in the
Affirmative
2. What order ? ...As per final order.
R E A S O N S
6. The plaintiff bank authorized person has filed evidence
affidavit at Exh.09 and Exh.9A and list of document at Exh.10,
Application for credit facility at Exh.14, Sanction Letter at Exh.15, Copy
of receipt from the vendor at Exh.16, Hypothecation Agreement at
Exh.17, Demand Notice at Exh.18 and statement of account and
particulars of claim at Exh.19, Certificate u/sec. 2A(b) of the Bankers
Books Act at Exh.20 and evidence closed pursis at Exh.21.
AS TO POINT NOS.1 & 2 :-
7. The plaintiff authorized person Mr. Dharmendra Senior
Manager reiterated the contents of plaint in claim affidavit at Exh.09
and Exh.9A. It is contended that the plaintiff Bank is a Govt. of India
Undertaking constituted under the Banking Companies (Acquisition
and Transfer of Undertakings) Act-1970, having their head office at
Bangalore, Karnataka State and a branch office at Byculla Branch,
Mumbai 400 027, Maharashtra.. The suit is filed through Yashwant
Devda, Manager of the bank.. The defendant approached the plaintiff
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..4.. Sum Suit No.384/2019
bank for credit facility (Exh.14) for purchasing the Swift Dzire car of
Rs. 6,37,000/-. The bank sanctioned the loan on 21.05.2015 (Exh.15)
and paid amount to the vendor (Exh.16). Hypothecation Agreement at
(Exh.17). Demand Notice by the bank (Exh.18). The statement of
account and particulars of claim filed at (Exh.19). Admittedly, the
plaintiff bank evidence has gone unchallenged, the plaintiff bank in
support of claim substantiate with the documentary evidence as above.
As per the statement of account, the rate of interest discloses @10.75%.
Therefore, in my view, the claim of plaintiff bank deserves to be
allowed along-with future interest at the rate of 10.75% p.a. from the
date of filing of suit. Accordingly, I answer point No.1 Partly in the
Affirmative and as to findings of point No.2, I proceed to pass the
following order:-
ORDER
1. Summary Suit No.384 of 2019 is partly decreed with
costs.
2. Defendant shall pay to the plaintiff bank the amount
of Rs.2,14,799/-(Rupees Two Lakhs Fourteen
Thousand Seven Hundred and Ninety Nine Only)
along-with interest @ 10.75% p.a. from 07.03.2019
till realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
(P. B. Lokhande)
Adhoc Judge,
City Civil & Sessions Court,
Mazgaon, Mumbai,
Court No.82
Dated : 23.07.2026
Dictated and typed on : 23.07.2026.
Signed by HHJ on : 23.07.2026.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Prachi Y. Potdar
Name of Stenographer23.07.2026 At 5:35 p.m.
Name of the Judge (With C.R. No.) HHJ Pramod B. Lokhande
(COURT ROOM NO.82)
Date of Pronouncement of
JUDGMENT / ORDER
23.07.2026
JUDGMENT / ORDER signed by
P.O. on
23.07.2026
JUDGMENT / ORDER uploaded on 23.07.2026
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