Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010014872020 Presented on 04/02/2020
Registered on 12/03/2021
Decided on 17/03/2026
Duration 06Y: 01M: 13D
Exhibit 21
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 295 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. ]
Rep. By Shambhavi Kamath, Manager, ]
Age 58 years. (...deleted) ]
Shri Jitendra Singh Rawat, Senior Manager, ]
M.S.Marg Branch, age 31 years. ]... Plaintiff
V/s. ]
1. Shri Madhukar P. Choudhary ]
Age not known, ]
Jijamata Housing Society ]
Gate No.1264, Galli No.5, Near ]
Panchvati Society, Sharad Nagar, ]
Chikhali, Pune 412114, Maharashtra. ]
2. M/s. Premier Ltd. ]
58, Nariman Bhavan, 5th Floor, ]
Nariman Point, Mumbai-2, also at ]
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Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
Appearance:-
Ld. Adv. Maya Majumdar for the plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 17/03/2026
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 for recovery of an amount
of Rs.2,78,257/- from the defendants. During pendency of the suit the
plaintiff substituted its authorized representative vide order dated
15/10/2024 passed in Chamber Summons No.1363/2024.
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 The suit against defendant No.2 is withdrawn in view of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. As per the plaintiff, it 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 the 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
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loan vide sanction letter dated 21/03/2014 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 25/03/2014, Hypothecation Agreement
dated 25/03/2014, Letter of Undertaking/Declaration, Delivery Receipt
dated 25/03/2014 and defendants have executed Guarantee Agreement
dated 22/03/2014. The plaintiff bank opened loan account bearing No.
CVEHI/01/140045 (New Account No.560761000819867) 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. 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.2,78,257/- as on 25/10/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 06/12/2019 to defendants 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. The
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.
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05. The defendants were served with the writ of summons
however, they have not caused their appearance and therefore, the suit
proceeded ex-parte against them by the order dated 21/10/2022. In
view of order dated 10/07/2023, suit proceeded only against defendant
No.1.
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. 4, and reiterated his contention of recovery of Rs.2,78,257/-. The
plaintiff has filed and relied upon the following documents at Exh.5.
The plaintiff bank closed their evidence vide pursis at Exh. 19.
Sr.
No. Exhibit No. Particulars
1 Exh.6 Original loan application.
2 Exh. 7 Original Credit Sanction Intimation.
3 Exh. 8 Original agreement for terms loan.
4 Exh. 9 Original Agreement for Hypothecation.
5 Exh. 10 Original Letter of undertaking/declaration.
6 Exh. 11 Original Delivery Receipt.
7 Exh. 12 Office copy of letter dated 21/11/2019 written by
plaintiff bank to defendant No.1.
8 Exh.13 colly Office copy of legal notice dated 06/12/2019 sent
by plaintiff bank to defendant No. 1 along with
postal receipt and A. D. Card.
9 Exh.14 colly Office copy of legal notice dated 09/12/2019 sent
by plaintiff bank to defendant No. 2 along with
delivery note.
10 Exh.15 copy of letter dated 28/11/2019 addressed to the
advocate for plaintiff by Premier.
11 Exh.16 Copy of letter dated 05/12/2019 addressed by the
advocate for the plaintiff to Premier..
12 Exh.17 colly. Printiout of statement of account and NPA
statement supported by certificate u/s. 65B of The
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Indian Evidence Act and Certificate u/s. 2A of the
Banker’s Books of Evidence Act, 1891.
13 Exh.18 Original acknowledgment of debt by defendant.
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.2,78,257/- from defendant No.1 ?
Yes, the plaintiff bank is
entitled to interest at the rate
of 7% p.a on Rs.2,78,257/-
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. Heard
leaned counsel for the plaintiff bank. Mr. Jitendra Rawat P.W.1, Senior
Manager of plaintiff bank has reiterated contents in the plaint. Further,
defendant No.1 had approached plaintiff bank and made application
dated 08/03/2014 for vehicle at Exh. 6 to purchase new Premier Rio,
GLX (Petrol BS IV) Car. Plaintiff bank sanctioned loan vide Exh.7 on
21/03/2014. Defendant No.1 has executed Agreement for term loan
dated 25/03/2014 at Exh.08, Hypothecation Agreement dated
25/03/2014 at Exh.9, letter of Undertaking/Declaration at Exh. 10 and
Delivery Receipt dated 25/03/2014 at Exh. 11. On perusing these
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documents, it appears that defendant No.1 had applied for vehicle loan
which was sanctioned and same is paid to defendant No. 2.
09. As, defendant No.1 failed to repay outstanding balance
amount therefore, plaintiff bank has issued letter to defendant No.1 on
21/11/2019 at Exh.12 and called upon to repay the outstanding
amount. Defendant No.1 failed to repay outstanding amount therefore,
plaintiff bank issued legal notice dated 06/12/2019 at Exh.13 colly. and
called upon to pay outstanding amount. Further, plaintiff bank has filed
copy of statement of accounts at Exh.17 colly. Along with NPA statement
supported by certificates to show that an amount of Rs.2,78,257/- is
due against defendant No.1 as on 25/10/2019. On perusing said
statement, it appears that an amount of Rs.2,78,257/- is balance and
due against defendant No.1. Further, plaintiff has filed acknowledgment
of debit by defendant No.1 at Exh.18. On perusing said document, it
appears that defendant No.1 has acknowledged the liability as on
4/9/2019. 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 25/10/2019 an
amount of Rs.2,78,257/- was due against defendant No.1. The plaintiff
has filed extract of bank statement at Exh.17 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, 01/11/2017 to 23/01/2024. On perusing said extract, it
appears that as on 25/10/2019 an amount of Rs.2,78,257/- appears to
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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.
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.2,78,257/-
from defendant No.1 only. Hence, I answer point No. 1 in affirmative
and in the result, answer to point No. 2, I proceed to pass the following
order.
O R D E R
1) Summary Suit No. 295 of 2021 is hereby decreed with costs.
2) Defendant No.1 shall pay an amount of Rs.2,78,257/- (Rupees
Two Lakhs Seventy Eight Thousand Two Hundred Fifty Seven
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.2,78,257/- at
the rate of 7% per annum from 04/02/2020, the date of filing of
the 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: 17/03/2026
Dictated on: 17/03/2026
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
26/03/2026 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 17/03/2026
JUDGMENT/ORDER signed by P. O. on 20/03/2026
JUDGMENT/ORDER uploaded on 26/03/2026
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