Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO. 400/2018 1
Received on : 21022018
Registered on : 02042018
Decided on : 10012020
Duration : 01Y 10M 18D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 400 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010026472018)
BANK OF INDIA
a Body Corporate Constituted under the
Banking Companies (Acquisition and
Transfer of Undertakings) Act V of 1970
Having their Head Office at Star House,
Plot No.C5, “G” Block, Bandra Kurla
Complex, Bandra(East),Mumbai 400051
and having its one of the Branches
amongst others places at Indraprastha
CHSL, Opposite Jaihind Cinema,
Dr.Ambedkar Road, Lalbaug(East),
Mumbai400 012 through Constituted
Attorney Shri Harikumar S. Senior
Manager Zonal Office, Mumbai
Age 44years. ...Plaintiff
Versus
1. Kartar Tours & Travels
Prop. Late Shri.Devendra Singh M Arora
Building No.23,Room No.1064,
Punjab Colony,GTB Nagar, Sion
Koliwada, Mumbai400037.
Through Legal Heirs
2. Shri.Sarabjeet Singh
Age 26 years,
Son & Legal Heir of Late
Mr.Devendra Singh M Arora
Prop M/S.Kartar Tours & Travels,
-- 1 of 6 --
SUMMARY SUIT NO. 400/2018 2
Building No.23, Room No.1064,
Punjab Colony, GTB Nagar,
Sion Koliwada,
Mumbai 400037.
3. Shri.Sanmit Singh
Age 24 years,
Son & Legal Heir of Late
Mr.Devendra Singh M Arora
Prop M/S.Kartar Tours & Travels,
Building No.23, Room No.1064,
Punjab Colony, GTB Nagar,
Sion Koliwada,
Mumbai 400037. ….Defendants
Appearances:
Advocate Mr.Arun Kumar Misra for the Plaintiff.
Defendants Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 10TH JANUARY 2020
J U D G M E N T
1. This is summary suit for recovery of Rs.4,62,304/(Rupees Four
Lakh Sixty Two Thousand Three Hundred and Four only) with simple
interest @ Rs.13.05% p.a. from the date of the suit till realization of
amount.
2. According to the plaintiff, it is a Banking Company. Defendant
no.1 is a sole proprietory concern of Devendra Singh M. Arora who died
on 07.08.2016. Defendants No.2 and 3 are the legal heirs of deceased
Devendra Singh. The inherited estate of deceased Devendra Singh. On
-- 2 of 6 --
SUMMARY SUIT NO. 400/2018 3
the request of defendant No.1 the plaintiff sanctioned Vehicle loan of
Rs.6,67,000/ in favour of Defendant No.1 in February, 2015. The
plaintiff lent the said amount to defendant No.1. Defendant No.1
executed relevant documents as Demand promissory note, Deed for
Hypothecation come loan agreement dtd.25/02/2015. Defendant No.1
had agreed to repay the loan amount in equated monthly installments
with interest @ 11.70% p.a.. According to the plaintiff, the defendant
failed and neglected to pay the monthly installments regularly. Vide
legal notice dated 06.09.2017, the plaintiff called upon the defendant to
pay then due amount. At the institution of the suit, the defendant was
liable to pay Rs.4,62,304/. Therefore, the plaintiff claimed decree for
recovery of said amount with interest.
3. Despite service of summons, the defendants failed to appear.
Therefore, the suit proceeded exparte against the defendants.
4. Considering the material on record and submissions made on
behalf of the plaintiff points arise for determination along with my
findings thereon for the reasons recorded are as under:
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of amount as prayed?
In the Affirmative
2. At what pendente lite and
future interest?
The plaintiff is entitled to the
interest @9%p.a. on principal
amount of Rs.4,62,304/ from the
date of suit till realization of the
amount.
3. What order and decree? As per final order
-- 3 of 6 --
SUMMARY SUIT NO. 400/2018 4
REASONS
AS TO POINTS NO.1 to 3:
5. The plaintiff examined its Authorized Officer P.W.1 Sheetal at
Exh.5. Her testimony speaks that on the request of the Defendant No.1
loan of Rs.6,67,000/ was disbursed in his favour by the plaintiff.
However, the Defendant No.1 failed to repay the loan amount by
regular monthly installments. According to her amount of Rs.4,62,304/
was due and payable by the Defendant No.1. The defendants No.2 and
3 are the legal heirs of deceased Devendra Singh and they inherited his
estate.
6. Her testimony is corroborated by the documents on record as the
loan application, dated 02.02.2015 which reveals that the Defendant
No.1 had applied for loan on 02.02.2015. Sanction letter
dtd.11.02.2015, Demand promissory note and Deed for Hypothecation
come loan agreement dtd.25.02.2015, reveal that the Defendant No.1
agreed to repay the loan of Rs.6,67,000/ in equated monthly
installments. The statement of account reveals that the loan was
disbursed by the plaintiff in favour of the Defendant No.1. Thus, it is
clear that the plaintiff had paid loan amount of Rs.6,67,000/ to the
Defendant No.1 with interest @ 11.70% p.a., but the Defendant No.1
failed to repay the loan. It appears that on the date of filing of the suit,
the amount outstanding, due and payable by the defendants was
Rs.4,62,304/. In these circumstances, the plaintiff is entitled to recover
the amount of Rs.4,34,304/. So far as the pendente lite and future
interest is concerned, it may be noted that it was vehicle loan granted to
the defendant for his livelihood. Considering these circumstances, it is
just and proper to grant the interest at simple rate of 9% p.a. from the
-- 4 of 6 --
SUMMARY SUIT NO. 400/2018 5
date of suit till realization of amount. Hence, point No.1 is answered in
the affirmative and point No.2 is answered as that the plaintiff is
entitled to the interest @ 9% p.a. from the date of suit till realization of
the amount. In view of Para499 of Civil Manual court fees has to be
refunded to the plaintiff, this being summary suit where the defendant
did not appear. In answer to point No.3 order as follows is passed.
ORDER
1. The suit is exparte decreed with costs as under:
2. The defendant shall pay to the plaintiff amount of Rs.4,62,304/
(Rupees Four Lakh Sixty Two Thousand Three Hundred and Four only)
with simple interest @ 9% p.a. from the date of suit till realization of
the amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 10/01/2020 City Civil Court,Gr. Mumbai
Dictated on : 10/01/2020
Transcribed on : 14/01/2020
Signed on : 14/01/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16/01/2020 at 1.00p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
-- 5 of 6 --
SUMMARY SUIT NO. 400/2018 6
Date of pronouncement of Judgment/Order 10/01/2020
Judgment/Order signed by P.O. on 14/01/2020
Judgment/Order uploaded on 16/01/2020
-- 6 of 6 --