Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No. 1170 of 2020. 1
MHCC010029302020
Presented on : 06-03-2020
Registered on : 20-10-2020
Decided on : 16-09-2023
Duration : 3 Yr, 6 M, 10 D.
Exh. 8
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.1170 OF 2020.
CANARA BANK, a Banking Company ]
constituted and functioning under the Provision ]
of the Banking Companies (Aquisition and ]
Transfer of Undertaking) Act 1970, having their ]
Central Office at Bangaluru , Pin 560 002, an ]
Karnataka State and a Branch Office at Plot 431, ]
Senapati Bapat Marg, Dawn Co-op. Hsg Society ]
Opp. Rly Stn, Mahim (W), Mumbai – 400 016 ]
The Suit is filed by Sri Binod Kumar,Sr. Manager ]
& Power of Attorney Holder. ] .... Plaintiff.
V/s
Mohammed Rafiq Shaikh ]
Prop. M/s. Anas Tours and Travels ]
B-13, Geetanjali Nagar, Nr. Bilali Masjid, ]
Matunga Labour Camp, Jasmin Mill Road, ]
Dr. Ambedkar Nagar, Behind Shahu Nagar, ]
Matunga,Mumbai – 400 019. ]….Defendant.
Appearance:
Adv. Sivoj Sule, for the plaintiff.
Defendant -Exparte.
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Judgment in
Suit No. 1170 of 2020. 2
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U. C. Deshmukh
CR No. : 59.
Date :16th September, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs. 2,92,225/-
with interest at the rate of 11.80% p.a. plus 2% penal interest.
Brief facts of the case are as under :
2. The plaintiff contends that it is Corporate Body registered
under the Companies Act. The defendant approached it to sanction
vehicle loan of Rs.5,50000/-. After completion of the necessary
formalities the plaintiff sanctioned and disbursed the loan amount of
Rs.5,50,000/- on 24.10.2016. The plaintiff specifically contends that the
defendant failed to repay the loan installments. Hence, on 15.07.2019
the plaintiff issued notice to pay the outstanding amount of
Rs.2,92,225/- with interest at the rate of 11.80% p.a., but in vain.
Hence, this Suit.
3. Defendant is duly served with writ of summons but he
failed to appear. Therefore, vide order dated 19.09.2022, the suit
proceeded exparte against him.
4. After suit proceeded ex-parte, In support of the claim, the
plaintiff-Bank filed affidavit of evidence of one Vijay Waghmare –
Manager of plaintiff-Bank at Exh.4 along with List of Documents at Exh.
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Judgment in
Suit No. 1170 of 2020. 3
5. Plaintiff filed following documents along with Exh. 05 which he has
proved the same in evidence as follows..
Sr.
No.
Documents. Exhibit No.
1. Authority Letter dated 29.03.2023 Exh. A
2 Application Form dated 03.10.2016 Exh.B
3 Loan Application and Interview cum
Appraisal Forms dated 03.10.2016
Exh. C
4. Sanction Letter dated 24.10.2016 Exh. D
5. Letter of Undertaking re-Loan/Adavance
dated 24.10.2016
Exh. E
6. Deed of Hypothecation Re-Vehicle dated
24.10.2016
Exh. F
7. Letter Evidencing Execution of Documents
dated 24.10.2016.
Exh. G
7. Letter of Undertaking/Consent dated
24.10.2016
Exh. H
8. Acknowledgment of Debt and Security dated
10.10.2019
Exh. I
9. Plaintiffs Recall Notice dated 15.07.2019 Exh. J
10. Letter dated 24.10.2016 issued by the
plaintiff to the dealer
Exh.K
11. RC Copy Exh. L
12. Order Booking issued by Sai Service Pvt.
Ltd. Dealer of the vehicle dated 03.07.2016
Exh. M.
13. Invoice dated 12.10.2016 Exh N
14 Statement of Account Exh. O
15. I.T.Certificate Exh.P
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Judgment in
Suit No. 1170 of 2020. 4
5. The plaintiff filed evidence close pursis vide Exh.6 and also
filed written argument notes at Exh.7.
6. It is submission made by Ld.advocate for the plaintiff that
the suit is proceeded exparte. The pleading and evidence of the plaintiff
remained unchallenged. Hence, there is no reason to discard the suit.
Consequently, prayed to decree the suit.
7. Considering the facts, evidence and law applicable to the
case, following points arise for determination of the case:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that it is
entitled to recover an amount of
Rs.2,92,225/- with interest at
the rate of 11.80% p.a. + penal
interest at the rate of 2% from
the defendants from the date of
the suit?
..Yes Partly..
with interest @
11.70% p.a
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
:REASON:
As to point No. 1 & 2:
8. It is needless to say that as suit proceeded exparte, hence,
pleadings and evidence of the plaintiff has remained unchallenged.
Therefore, there is no reason to discard the case at threashhold. The
affidavit of evidence at Exh. 4 and documents filed on record show that
the term loan was disbursed by the plaintiff to defendant but he has
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Judgment in
Suit No. 1170 of 2020. 5
failed to pay. The letter dated 24.10.2016 fortify the contention of the
plaintiff that it sanctioned the loan of Rs. 5,25,000/- to the defendant
and in answer to the loan defendant executed deed of hypothecation
undertaking and other documents. Document at page No. 30 whereby
the defendant has acknowledged the debt and security executed on
10.10.2019. The statement of loan account explicit that on 25.02.2020,
the defendant is liable to pay an amount of Rs.2,77,636/-. Hence, the
plaintiff suceeds to show that the defendant is bound to pay an amount
of Rs.2,77,636/- with interest at the rate of 11.80 %p.a. Considering the
date of acknowledgment of the loan the suit is within the limitation,
9. The plaintiff and particularly statement of loan account is
silent as to the penal interest ever charged by the plaintiff. Hence, the
plaintiff is entitled to recover an amount of Rs.2,77,636//-. Resultantly,
point Nos. 1 & 2 is answered in the affirmative.
10. The suit is proceeded exparte. The suit is going to be
decreed. In such circumstances, it would be just and proper to direct
the plaintiff to bear the costs of the proceedings. Accordingly, in
answer to point No. 3, following order is passed :
ORDER
1. Suit No. 1107 of 2020 is decreed as under :
2. The Defendant to pay an amount of Rs.2,77,636/- to the
plaintiff with interest at the rate of 11.30% p.a. from the date of
the suit till entire amount is realised.
3. The Defendants to pay aforesaid decreetal amount within 2
months of the order.
4. The plaintiff to bear the cost.
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Judgment in
Suit No. 1170 of 2020. 6
5. Decree be drawn up accordingly.
6. Suit No.1170 of 2020 is disposed off accordingly.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:16.09.2023 Greater Bombay (CR 59)
Declared on : 16.09.2023
Dictated on : 16.09.2023
Transcribed on : 30.09.2023
Checked on : 06.10.2023.
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.10.2023 at 4.00 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 16.09.2023
Order signed by P.O. on 06.10.2023
order uploaded on 09.10.2023
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