Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment in Com. Sum. Suit No. 30/2021
Lodged on : 05.03.2020
Admitted on : 22.06.2021
Decided on : 06.03.2023
Duration : Y M D
3 0 1
COMMERCIAL SUMMARY SUIT NO. 30 of 2021
CNR NO. : MHCC010028752020
Exh.22
Bank of Baroda
A body corporate constituted under the
Banking Companies (Acquisition and
Transfer of Undertaking act, V. of 1970
having its Head Office at Bank of Baroda
Building Mandvi, Vadodara, Gujarat
390006 and having one of its Branch
located at Geeta Building, Pandita
Ramabai Road, Gamdevi, Mumbai 400 007. ...Plaintiff
Versus
1. M/s. Maiakka Tours & Travels
B/7/B Room No. 89, Siddharth
Nagar Road No. 7, Tranzit Camp,
Goregaon (West), Mumbai 400 104.
2. Mr. Rohit Sandeep Haunmane
Prop. Maiakka Tours & Travels,
B/7/B Room No. 89, Siddharth
Nagar Road No. 7, Tranzit Camp,
Goregaon (West), Mumbai 400 104. ...Defendants
Appearance:
Adv. Veena Kumari along with Adv. Durgesh Sarfare for Plaintiff.
Defendants exparte.
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2 Judgment in Com. Sum. Suit No. 30/2021
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE, (C.R.NO.31)
DATED : 6th MARCH 2023
J U D G M E N T
(Delivered on : 06.03.2023)
This is a suit filed by the plaintiff against the defendants for
the recovery of the outstanding amount of Rs.5,29,338.44ps. with
further interest at the rate of 10.50% per annum from the date of filing
of the suit till realization.
2. Brief facts of the plaintiff's case is as under:
The plaintiff is a Nationalized bank and having its branch
office at Gamdevi, Mumbai. The defendant no. 2 is the proprietor of the
defendant no. 1. The defendant no. 2 approached the bank for availing
Term Loan facility, making an application dated 27.11.2016 under
Pradhan Mantri Mudra Yojna Loan Scheme for the purpose to purchase
a vehicle of brand Hyundai Xcent Base to the tune of Rs.6,40,000/. The
defendant no. 2 applied for loan and on his request, the bank
sanctioned the loan of Rs.6,40,000/ to the defendants on 29.11.2016.
All the relevant documents were executed by defendants. The amount
of Rs.6,40,000/ was transferred in the account of defendant no. 2. The
defendants have paid some installments in repayment of loan. However,
the defendants failed to repay the loan amount. Hence, the plaintiff has
issued the legal notices through Advocate on 14.01.2019 and
20.08.2019, but the defendants failed to pay the loan amount. Hence,
the plaintiff was constrained to file the present suit for the recovery of
the outstanding amount of Rs.5,29,338.44ps. along with interest at the
rate of 10.50% per annum with monthly rests from the date of filing of
the suit till its realization.
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3 Judgment in Com. Sum. Suit No. 30/2021
3. The suit summons was issued to the defendants through
paper publication in newspaper and the summons was published in two
newspapers. The defendants are duly served with the Writ of Summons,
but both the defendants failed to appear before the Court. Hence, as per
order passed on 29.07.2022, the suit proceeded exparte against both
the defendants.
4. In support of the pleading, the plaintiff examined its
Branch Manager namely Pradeep Kumar Gupta at Exh.6. The plaintiff
filed documentary evidence along with list Exh.7. The documentary
evidence are at Exh.8 to 20. Evidence closure pursis of the plaintiff is at
Exh.21.
5. After considering the pleadings of the plaintiff and evidence
on record, following points arise for my determination and I have
recorded my finding against each of them with the reasons to follows:
POINTS FINDING
1) Whether plaintiff proves that an
amount of Rs.5,29,338.44ps. is
outstanding from the defendants?
In the affirmative
2) Whether plaintiff is entitled to
recover an amount of
Rs.5,29,338.44ps. from the
defendants? If yes, at what rate of
interest?
In the affirmative.
At the rate of 10.50% per annum
on the principal amount.
3) What order and decree? As per final order.
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4 Judgment in Com. Sum. Suit No. 30/2021
R E A S O N S
6. Heard Learned Advocate Veena Kumari along with Adv.
Durgesh Sarfare for Plaintiff at length.
As to Point Nos.1 & 2
7. P.W.1 Pradeep Kumar Gupta, the Manager of bank deposed
before the Court at Exh.6 that on the request of the defendants, the
plaintiff bank has sanctioned a loan of Rs. 6,40,000/ to the defendants
under Pradhan Mantri Mudra Yojna for the purpose of purchasing the
vehicle. The defendants also executed various documents in favour of
the plaintiff namely Attestation Memo, Demand Promissory Note,
DeclarationcumUndertakingcumAuthority, Draft letter of
Undertaking, Letter of Installment with Acceleration Clause, Instrument
of Hypothecation of vehicle and letter of Authority. He also deposed
that the defendants have failed to make payment of loan amount. The
relevant documents submitted by the plaintiff are at Exh. 8 to 20. On
perusal of bank statement at Exh. 20 it appears that the amount of
Rs.4,82,779.23ps. is due from the defendants by way of principal
amount. The aforesaid oral as well as documentary evidence tendered
by the plaintiff was not challenged by the defendants. The defendants
failed to challenge the oral as well as documentary evidence tendered
by the plaintiff. Therefore, the oral as well as documentary evidence
adduced by the plaintiff cannot be disbelieved. The plaintiff also
claimed additional amount of Rs.43,343.08ps and penal interest of
Rs.3,216.13ps. The defendants have obtained the loan from the plaintiff
bank and used the amount for purchasing the vehicle, but not repaid
the loan amount in time to the plaintiff bank. Therefore, they are liable
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5 Judgment in Com. Sum. Suit No. 30/2021
to pay the penal interest of Rs.3,216.13ps. and additional due amount
by way of interest for the amount of Rs. 43,343.08ps. from the
defendants. The non appearance of the defendants despite service of
summons inferred that they admitted the claim of the plaintiff.
Therefore, I am of the view that the plaintiff is entitled to recover the
outstanding amount of Rs.5,29,338.44ps. from the defendants. In short,
the plaintiff is entitled to recover the total amount of Rs.5,29,338.44ps.
from the defendants with interest.
8. So far as the rate of interest is concerned, the plaintiff has
claimed interest at the rate of 10.50% per annum. The Sanction Letter
(Exh.10) shows that the rate of interest is 10.50%. Considering the
nature of transaction between the parties and contractual rate of
interest as 10.50%, the plaintiff is entitled to recover outstanding
amount of Rs.5,29,338.44ps. along with interest at the rate of 10.50%
from the defendants. Hence, I answer point no. 1 in affirmative and
point no. 2 accordingly.
9. In view of discussion and finding on point nos. 1 and 2, it is
held that the plaintiff is entitled to recover the outstanding amount of
Rs.5,29,338.44ps. from the defendants along with interest at the rate of
10.50% per annum on the principal amount from the date of filing of
the suit till its realization. Hence, the suit needs to be decreed. Hence, I
pass the following order:
ORDER
1) Commercial Summary Suit No. 30 of 2021 is decreed
with costs.
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6 Judgment in Com. Sum. Suit No. 30/2021
2) The defendant nos. 1 and 2 are jointly and severally
liable to pay an amount of Rs.5,29,338.44ps. (Rs. Five
Lakhs Twenty Nine Thousand Three Hundred Thirty
Eight and Forty Four Paise Only) to the plaintiff bank
with further interest at the rate of 10.50% per annum
from the date of filing of the suit till its realization
within three months from the date of this decree.
3) Defendants shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per
rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Dated : 06.03.2023 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 06.03.2023
Transcribed on : 14.03.2023
Checked & signed on : 14.03.2023
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7 Judgment in Com. Sum. Suit No. 30/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
14.03.2023 3.00 p.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
06.03.2023
Judgment/order signed by P.O on 14.03.2023
Judgment/order uploaded on 14.03.2023
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