Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Suit No. 81 of 2021
MHCC010029362020 Presented on : 07/03/20
Registered on : 04/03/21
Decided on : 24/04/26
Duration : 06 Y : 01 M : 17 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXH-17
COMMERCIAL SUIT NO.81 OF 2021
Canara Bank
Formally known as (Syndicate Bank) A body
corporate, constituted under the Banking
companies (Acquisition & transfer of
Undertakings) Act of 1970 having its Head office
at: 112, J. C. Road, Bangalore- 560 002, and
having its Branch office at 1st Floor, Omrigar
Building, above Badshah Cold Drinks, Lokmanya
Tilak Marg, Crawford Market, Mumbai- 400 003.
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Versus
1. M/s. Sanket Tours and Travels,
A Proprietary Concern of the Defendant
No.2, having address at 45/15 B.D.D.
Chawl, 2nd Floor, Sewree, X-Road, Sewree
Railway Station, Mumbai- 400 015.
2. Mr. Sanket Ashok Surve,
An adult, Indian Inhabitant, Proprietor of
M/s. Sanket Tours and Travels, having his
address at- 45/15 B.D.D. Chawl, 2nd Floor,
Sewree, X-Road, Sewree Railway Station,
Mumbai- 400 015.
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Appearance :-
Ld. Adv. Akash Acharya for plaintiff.
None for defendants.
(Ex-parte)
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..2.. Commercial Suit No. 81 of 2021
CORAM : SACHIN SURYAKANT PATIL,JUDGE
COURT ROOM NO.32.
DATE : 24/04/2026.
J U D G M E N T
1) This Commercial Suit is filed for recovery of amount under
Commercial Court Act, 2015.
The facts in brief are as under -
2) Defendant obtained term loan of Rs.6,10,000/-. He agreed
to repay the loan with interest @ 9.85% P.A. He did not repay the loan
as agreed. The account was declared NPA on 01.03.2018. Amount of
Rs.4,34,464.69/- is due from the defendant. Demand notice sent to
defendant on 25.02.2020. Defendant did not comply with the notice
and repay the loan. Hence, this suit for recovery of amount.
3) The first writ of summons was served upon the defendants.
Defendants did not appear. Hence, matter proceeded ex-parte against
the defendants.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons stated as under :
SR.
NO.
POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.4,34,464.69/-
with interest @ 9.85% p.a. ? Yes
2. What order ? ...As per final order.
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..3.. Commercial Suit No. 81 of 2021
R E A S O N S
5) The authorised person of plaintiff Aniruddh Kamalkishor Badyal
has filed evidence affidavit vide Exhibit-15. Plaintiff has relied upon
documentary evidence produced at Exh-P1/1 to Exh-P1/21.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Mr. Aniruddh Kamalkishor Badyal has deposed that,
defendant obtained term loan of Rs.6,10,000/-. He agreed to repay the
loan with interest @ 9.85% P.A. He did not repay the loan as agreed.
The account was declared NPA on 01.03.2018. Amount of
Rs.4,34,464.69/- is due from the defendant. Demand notice sent to
defendant on 25.02.2020. Defendant did not comply with the notice
and repay the loan.
7) On perusal of loan documents produced by the plaintiff at Exh-
P1/1 to Exh-P1/21, it is evident that defendant had obtained vehicle
loan of Rs.6,10,000/-. As per the evidence of plaintiff, amount of
Rs.4,34,464.69/- is due from defendant as on the date of suit.
Defendant has not appeared in the present suit. The suit has been
proceeded ex-parte. Therefore, the case of plaintiff has remained
unchallenged. Plaintiff has produced documents to show that defendant
agreed to pay interest @ 9.85% p.a. Hence, while answering point
Nos.1 and 2 in affirmative, I pass the following order :-
ORDER
1. Commercial Suit No.81 of 2021 is decreed with costs.
2. Defendants shall jointly and severally pay an amount
of Rs.4,34,464.69/- (Rupees Four Lakh Thirty Four
Thousand Four Hundred Sixty Four and Sixty Nine
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..4.. Commercial Suit No. 81 of 2021
Paise Only) to plaintiff with interest at the rate of
9.85% p.a. from the date of suit till its realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.32
Dated :24/04/2026
Dictated and typed on :24/04/2026.
Signed by HHJ on :24/04/2026.
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..5.. Commercial Suit No. 81 of 2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mahesh S. Lugade
Name of Stenographer24.02.2026 05.00 p.m.
Name of the Judge (With C.R. No.) SACHIN SURYAKANT
PATIL,JUDGE
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
24/04/2026.
JUDGMENT / ORDER signed by
P.O. on
24/04/2026.
JUDGMENT / ORDER uploaded on 24/02/2026.
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