Order 1

Order Details: Ex-parte Judgement
Pdf Text: S.C.Suit No. 1229/18. 1 Ex-parte Judgment.
Registered on : 02/05/2018.
Decided on : 22/07/2019.
Duration : 1 Years 2 Months 21 Days.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
SHORT CAUSE SUIT NO. 1229 OF 2018
(CNR NO. MHCC010025002018)
Bank Of India
A Body Corporate constituted under the
Banking Companies (Acquisition and
Transfer of Undertakings) Act V of 1970
having its Head Office at “Star House”,
C5, GBlock, Bandra Kurla Complex,
Bandra (East) Mumbai400 051, and
A Branch Office amongst other places at
J.J. Flyover Branch, Oriental Bhavan,
211 Sheriff Devji Street, Opp. Mahatma
Phule Market, Mumbai – 400003,
Through its Constituted Attorney
Shri. Harikumar S. Senior Manager (Law)
Indian Inhabitant aged 43 years ...Plaintiff
Versus
Mr. Santosh Chandrakant Nikam
Indian Inhabitant, aged 42 years,
At Flat No. 101, Janki Sadan, Plot No. 2,
Sector 26, Kopri Gaon, Vashi,
Navi Mumbai, Thane – 400705 ...Defendant
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 22nd JULY, 2019.
Ms. Vaishali Kurne, Advocate for Plaintiff.
None for Defendant.
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S.C.Suit No. 1229/18. 2 Ex-parte Judgment.
JUDGMENT
This is a suit for recovery of vehicle loan of Rs.9,34,030/
(Rupees Nine Lakhs Thirtyfour Thousand Thirty Only) with further
interest @ 11.90% p.a.
2. Plaintiff is a banking institute. Defendant has applied and
availed a term loan to purchase a fourwheeler car i.e. Maruti Suzuki,
Model Ertiga. Upon completion of all formalities and demand
promissory note, a loan of Rs.7,69,888/ (Rupees Seven Lakhs Sixty
nine Thousand Eight Hundred Eightyeight Only) came to be sanctioned
and disbursed. Aforesaid amount was transferred to M/s. Autocreate
Wheels through RTGS on 07/11/2015. Defendant is failed for its
repayment as agreed. Plaintiff has issued a notice through lawyer.
Defendant is failed for repayment. Hence this suit.
3. In view of roznama dated 08/01/2019, summons by RPAD
was refused to accept by the defendant. Hence suit is proceeded ex
parte.
4. PW 1 Chief Manager of plaintiff bank, Mr. S. Harikumar
submitted evidence affidavit vide Exh.7. In view of evidence of PW 1
relevant documents are marked as Exh.9 to 15. It appear that in view
of loan demanded by the defendant, the sanctioned loan was
transferred in the account of the vehicle dealer by RTGS.
5. Despite various letters issued by plaintiff, defendant is
failed for its repayment. The absence of defendant infer that he admits
the suit claim. Hence suit is deserves to be decreed as prayed. Hence
the order :
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S.C.Suit No. 1229/18. 3 Ex-parte Judgment.
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.9,34,030/
(Rupees Nine Lakhs Thirtyfour Thousand Thirty Only)
with further interest @ 11.90% p.a. from the date of suit
till realization, within three months from the date of
decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 22/07/2019. Mumbai.
1. Dictated on : 22/07/2019.
2. Transcribed on : 23/07/2019.
3. Signed on : 24/07/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
24/07/2019. 2.53 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 22/07/2019.
Judgment/Order signed by P.O. on 24/07/2019.
Judgment/Order uploaded on 24/07/2019.
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