Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.444/2018 1
Received on : 27022018
Registered on : 07042018
Decided on : 09122019
Duration : 01Y 09M 11D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.444 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010029692018)
Bank of India (Nationalized Bank)
A Body Corporate Constituted under
Banking companies (Acquisition &
Transfer of Undertaking) Act.1970.
Having its Head Office at Star House
Plot No.C5, GBlock, Bandra Kurla
Complex, Bandra(E), Mumbai 400 051
and Having its Branch Office at Bhandup(W),
Branch, Gala No.1, Aniraj Towers CHS Ltd.,
Opp. Kaka Petrol Pump, Janata Market,
L.B.S.Road, Bhandup(W), Mumbai400 078.
Tel No.25962556. Through its authorized
Sr.Manager, Smt. Geeta Ashok Tardekar. ...Plaintiff
Versus
M/s. Vaibhav Tours & Travels
Prop. Mr.Vaibhav Vilas Rokde
Age .Adult, Occ.Business
Having address at 3/12,
Sai CHS Ltd. Samrth Nagar,
Bhandup(W),Mumbai400078. ….Defendant
Appearances:
Advocate Mr.Ashok Kode for the Plaintiff.
Defendant Exparte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 9TH DECEMBER 2019
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SUMMARY SUIT NO.444/2018 2
J U D G M E N T
1. This is summary suit for recovery of Rs.38,174/ with interest @
9.45% p.a..
2. According to the plaintiff it is a Nationalized bank. On the request
of defendant the plaintiff granted loan of Rs.50,000/ on 13/10/2015 in
favour of the defendant for his Tours and Travels business against the
hypothecation of goods. The defendant executed loan documents such
as Demand Promissory Note, Bearer Letter, Installment letter,
Multipurpose documents, Hypothecation cum agreement dated
13/10/2015. The outstanding dues payable by the defendant as on
31/12/2017 was Rs.38,174/. Therefore, plaintiff issued Demand
Notice dated 21/11/2017 calling upon the defendant to pay the said
amount. However, the defendant failed to comply with the terms of
notice. Therefore, the plaintiff requested to grant decree for recovery of
the amount with interest.
3. Despite service of summons the defendant failed to appear.
Therefore, the suit proceeded exparte against the defendant.
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:
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SUMMARY SUIT NO.444/2018 3
POINTS FINDINGS
1. Whether the plaintiff is entitled to
recovery of the amount with interest
as prayed?
Yes
2. What order and decree? As per final order
REASONS
AS TO POINTS NO.1 & 2.
5. The plaintiff filed evidence of affidavit of its Sr.Manager P.W.1
Rohit Raj at Exh.5. The documents are produced with list Exh.6. The
testimony of the P.W.1 Rohit Raj speaks that on the request of
defendant, loan of Rs.50,000/ was given to him on 13/10/2015 for his
Tours and Travels business against hypothecation of goods. The
defendant executed loan documents. As on 31/12/2017 the defendant
was liable to pay Rs.38,174/ with interest @ 9.45% p.a.. The testimony
of P.W.1 Rohit Raj is corroborated by the documents. Demand
Promissory Note dated 13/10/2015 shows that it was issued by the
defendant in favour of the plaintiff for Rs.50,000/. The documents
Bearer letter, Installment Letter, Multipurpose documents,
Hypothecation agreement and statement of account show that the
plaintiff paid amount of Rs.50,000/ to the defendant on interest as
agreed. Thus, case of the plaintiff is proved. Therefore, the plaintiff is
entitled to recovery of the amount with interest as prayed. Hence, point
No.1 is answered in the affirmative and in answer to point No.2 order
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SUMMARY SUIT NO.444/2018 4
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.38,174/
(Rupees Thirty Eight Thousand One Hundred and Seventy Four only)
with interest at the rate of 9.45% p.a. from 01/01/2018 till realization
of amount.
3. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 09/12/2019 City Civil Court, Gr. Mumbai
Dictated on : 09/12/2019
Transcribed on : 14/12/2019
Signed on : 14/12/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17/12/2019 at 10.40p.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)
Date of pronouncement of Judgment/Order 09/12/2019
Judgment/Order signed by P.O. on 14/12/2019
Judgment/Order uploaded on 17/12/2019
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