Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010014672020 Presented on 04/02/2020
Registered on 11/03/2021
Decided on 05/04/2025
Duration 05Y: 02M: 01D
Exhibit 22
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 293 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. Sanjay Bapurao Hirve ]
Age not known ]
1612, Sadashiv Peth, Gopal Gayan ]
Samaj Road, Pune 411030, Maharashtra. ]
2. M/s. Premier Ltd. ]
58, Nariman Bhavan, 5th Floor, ](Withdrawn as per order
Nariman Point Mumbai 400 021 ] dated 04/10/2023 below
also at ] Exh. 3)
Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
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2 SUM SU NO. 293/2021
Appearance:-
Ld. Advocate Maya Mujumdar with Aakansha Shukla for the plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 05/04/2025
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. 2,82,936/- 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 The suit against defendant No. 2 is withdrawn in view of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 04/10/2023 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. 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 22/03/2014 for vehicle loan of Rs. 6,32,000/- to
purchase new Premier Rio, GLX (Petrol BS IV) car. The plaintiff bank
sanctioned said loan vide sanction letter at the rate of 10.65% p.a.
interest as per terms and conditions set out therein. Defendant No. 1
executed Agreement for term loan dated 25/03/2014, Agreement for
Hypothecation dated 25/03/2014, letter of Undertaking/Declaration
dated 25/03/2014, Delivery Receipt dated 25/03/2014 and defendant
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No. 2 had executed Guarantee Agreement dated 22/03/2014. Plaintiff
bank after scrutinizing the documents advanced loan of Rs. 6,32,000/-
to defendant No. 1. The plaintiff bank opened loan account bearing
No. CVEHI/01/140049 (New Account No. 560761000819891) and an
amount of Rs. 6,32,000/- 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 21/11/2019, and called
upon to pay outstanding amount of Rs. 2,82,936/-. However, defendant
No. 1 failed to repay the same. Therefore, plaintiff bank issued demand
notice dated 06/12/2019 to defendant No.1 and notice dated
09/12/2019 to defendant No. 2 respectively and called upon to make
payment of outstanding amount. The notice dated 09/12/2019 was
served on 10/12/2019 by hand delivery to defendant No. 2. 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 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 defendant No. 1 by the
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order dated 22/09/2022.
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. 2,82,936/-. The
plaintiff has filed and relied upon the following documents vide list
Exh.7. Plaintiff bank has closed their evidence vide pursis Exh. 21.
Sr.
No. Exhibit No. Particulars
1 Exh. 8 Original copy of loan application dated
13/03/2014.
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 written by plaintiff bank to
defendant.
8 Exh.15 Office copy of legal notice dated 06/12/2019
issued by plaintiff bank to defendant No. 1.
9 Exh.16 Office copy of legal notice dated 09/12/2019
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.
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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. 2,82,936/- from defendants ?
If yes, at what rate of interest ?
Yes, the plaintiff bank is
entitled to interest at the rate
of 7% p.a on Rs. 2,79,094/-
from 04/02/2020, 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 on record.
Heard Ld. counsel for plaintiff. The plaintiff bank has filed evidence on
affidavit of Jitendra Singh Ravat P.W.1 who has reiterated contents in
the plaint. As per the plaintiff, defendant No. 1 applied for vehicle loan
on 13/03/2014 vide Exh.8 and requested for an amount of
Rs. 7,02,812. However, plaintiff bank has sanctioned an amount of
Rs. 6,32,000/- vide Sanction Letter Exh.9 to purchase vehicle i.e.
Premier Rio plus GLX from M/s. Premium Limited. Further, plaintiff
bank disbursed an amount of Rs. 6,32,000/- to M/s. Premium Limited.
After defendant No.1 has executed loan agreement, Hypothecation
agreement and letter of undertaking on 25/03/2014 and original
delivery receipt on 22/03/2014 at Exh. 10 to 13. Defendant No. 2 stood
as a Guarantor and executed agreement of Guarantee Deed on
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25/03/2014.
09. Plaintiff has filed documents at Exh. 10 to 13 on record to
substantiate its contention. On perusing said document, it appears that
defendant No.1 has borrowed an amount of Rs.6,32,000/- from plaintiff
bank and agreed to repay in 84 installments of Rs. 10,706/- p.m. with
interest at the rate of 10.65% p.a. Further, as defendant No. 1 made
part payment and lastly paid amount on 30/03/2019. Thereafter,
defendant No. 1 failed to repay the loan along with interest. Therefore,
account was declared as N.P.A. Therefore, plaintiff bank issued letter
dated 21/11/2019 at Exh. 14 to defendant No. 1 and called upon him
to make the payment. However, defendant No.1 failed to make the
payment. Therefore, plaintiff bank issued legal notice dated
06/12/2019 at Exh. 15 to defendant No.1 and legal notice dated
09/12/2019 at Exh. 16 to defendant No.2 and called upon them to
make the payment. Defendant No. 2 has replied on 28/11/2019 vide
Exh. 17. On perusing said reply, it appears that defendant No. 2 had
admitted the liability. Further, plaintiff filed reply dated 05/12/2019 at
Exh.18 given to the reply of defendant No.2 and denied adverse
contentions. It is pertinent to note that though plaintiff bank issued
notice to the defendants they failed and neglected to repay outstanding
amount along with interest.
10. As per the plaintiff, an amount of Rs. 2,82,936/- is due
against defendant No. 1 as on 25/10/2019. Plaintiff bank has filed Bank
Statement and N.P.A. statement at Exh. 19 colly. along with certificate
u/s. 65B of Indian Evidence Act. On perusing said statement, it appears
that amount of Rs. 2,82,936/- is due against defendant No. 1 as on
25/10/2019. Further, it appears that defendant No. 1 has made last
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payment on 30/03/2019. Further, defendant No.1 has admitted liability
of Rs.2,44,981/- as on 27/08/2019 vide acknowledgment dated
04/09/2019 at Exh. 20. It is pertinent to note that defendant No. 1 has
not appeared and contested the evidence of plaintiff bank. Therefore,
the evidence of plaintiff bank has remained unchallenged. Therefore, I
am of the view that plaintiff bank has proved that defendant No. 1 had
borrowed loan of Rs. 6,32,000/- and made part payment. Further, an
amount of Rs.2,82,936/- along with interest is due against defendant
No.1. Further, plaintiff bank has proved that defendant No. 1 has agreed
to pay interest at the rate of 10.65 % p.a. on said loan. Thus, the
plaintiff bank has proved that defendant No.1 is liable to pay an amount
of Rs. 2,82,936/- along with interest. The suit against defendant No. 2
is withdrawn against it.
11. So far as further interest is concerned, plaintiff bank has
not claimed further rate of interest however, it is prayed that plaintiff is
entitled for interest and penalty from the date of filing the suit till its
realization. Therefore, I am of the view that in view of Section 34 of
C.P.C. it would be just and proper to grant interest at the rate of 7% p.a
on principal amount of Rs. 2,59,093/- from 04/02/2020 i.e. the date of
filing of the suit till its realization. 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.293 of 2021 is hereby decreed with the
costs.
2) Defendant No.1 shall pay an amount of Rs. 2,82,936/- (Rupees
Two Lakhs Eighty Two Thousand Nine Hundred and Thirty Six
only) to the plaintiff bank.
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3) The defendant No. 1 shall pay to the plaintiff simple interest on
Rs.2,59,093/- at the rate of 7% p.a. from 04/02/2020, the
date of filing of suit till its full realization.
4) The plaintiff 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: 05/04/2025
Dictated on: 05/04/2025
Corrected & signed on: 07/04/2025
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09/04/2025 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 05/04/2025
JUDGMENT/ORDER signed by P. O. on 07/04/2025
JUDGMENT/ORDER uploaded on 09/04/2025
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