Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT 445/2018 1
Received on : 27022018
Registered on : 27022018
Decided on : 09122019
Duration : 01Y 09M 11D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO.445 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC010029752018)
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
Mrs.Jaya Damu Ingle,
Age. Adult, Occ.Business
Residing at: Opp.Kitida Aprt.
Navnath Chawl, Mishra Nagar,
M.D.Keni Marg, Bhandup(E),
Mumbai 400043. ….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 445/2018 2
J U D G M E N T
1. This is summary suit for recovery of Rs.2,00,230/(Rupees Two
Lakhs Two Hundred and Thirty Only) with interest @ 11.45% p.a..
2. According to the plaintiff it is a Nationalized bank. On the request
of defendant the plaintiff given him loan of Rs.2,00,000/ on
05/05/2015 for installation of C.C.T.V. Camera. The loan was against
hypothecation of C.C.T.V. & Camera. The defendant executed loan
documents such as Demand Promissory Note, Bearer Letter, Installment
Letter, Multipurpose documents, Hypothecation Agreement dated
06/05/2015. As on 31/05/2017 the amount payable by the defendant
was Rs.2,00,230/ with interest @ 11.45% p.a.. Therefore, the plaintiff
issued Demand Notice dated 21/11/2017. Despite service of Demand
Notice the defendant failed to comply to it. Therefore, the plaintiff
claimed decree for recovery of the amount with interest as prayed.
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:
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
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SUMMARY SUIT 445/2018 3
REASONS
AS TO POINTS NO.1 & 2.
5. The plaintiff examined its Sr.Manager P.W.1 Rohit Raj at Exh.5.
The plaintiff produced documents with list Exh.6. The testimony of the
P.W.1 Rohit Raj speaks that on the request of defendant, the plaintiff
granted in her favour loan of Rs.2,00,000/on 05/05/2015 for
installation of C.C.T.V.Camera. The loan was disbursed. The defendant
executed loan documents on 06/05/2015. According to him as on
31/12/2017 the amount payable by the defendant was Rs.2,00,230/
with interest @ 11.45% p.a.. The documents such Demand Promissory
Note, Bearer Letter, Installment Letter, Multipurpose documents,
Hypothecation Agreement and statement of account support testimony
of P.W.1 Rohit Raj and show that on the request of defendant the
plaintiff paid her loan of Rs.2,00,000/. Thus, the plaintiff is entitled to
recovery of the amount with interest as prayed. Hence, point No.1 is
answered in affirmative and in answer to point No.2 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.2,00,230/
(Rupees Two Lakhs Two Hundred and Thirty Only) with interest at the
rate of 11.45% 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
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SUMMARY SUIT 445/2018 4
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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