Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No.1171 of 2020. 1 Exh.26
MHCC010029782020
Presented on : 06-03-2020
Registered on : 20-10-2020
Decided on : 13-07-2023
Duration : 3 Yr, 4 M, 7 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.1171 OF 2020.
Exh. 26.
CANARA BANK, a Banking Company, ]
constituted and functioning under the ]
provisions of the Banking Companies ]
(Acquisition 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, Manager ]
& Power of Attorney Holder. ]....Plaintiff.
Vs.
Mr. Munawa Ali. ]
Prop. M/s. M.M.DYEING ]
GNM/95/260, K.N. Kamala Nagar, ]
J.M. Road, Dharavi, Mahim East, ]
Mumbai – 400 017. ]….Defendant.
Appearance:
Adv. Sivoj Sule for the plaintiff.
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Judgment in
Suit No.1171 of 2020. 2 Exh.26
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :13th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.1,67,464/- at
the rate of interest 14.15% p.a.
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that it is registered company and
functioning under the Banking Companies (Acquisition and Transfer of
Undertaking) Act 1970. Defendant made request to sanction working
cash credit loan credit facility of Rs. 50,000/- under Pradhan Mantri
Mudra Yojana Shishu Loans (In short PMMY). Accordingly, a credit
facility for Rs.50,000/- was sanctioned to the defendant. Defendant
executed request for overdraft facility, promissory notes and cash credit
facilities on 02.03.2016. Thereafter, again the defendant made request
for overdraft facility for Rs.90,000/- on 25.01.2017. Accordingly, he
executed pronote of Rs. 90,000/- dated 04.02.2017. Lateron, executed
letter of proprietor, supplementary agreement, letter of renewal,
acknowledgment in favour of the plaintiff.
3. The plaintiff contends that after 20.02.2019 defendant was
irregular in payment of the interest and principal amount of loan.
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Judgment in
Suit No.1171 of 2020. 3 Exh.26
Hence, the plaintiff issued notice on 10.05.2018 demanding an amount
of Rs. 1,67,464/- at the rate of 14,15% p.a. However, the defendant
failed to reply and pay the loan amount. Hence, this Suit.
4. Defendant is duly served with writ of summons but he
failed to appear. Therefore, the suit proceeded exparte against the
defendant as per order dated 25.08.2021.
5. After suit proceeded exparte, the plaintiff examined one
witness as PW-1 – Smt. Jayanthi Thangaraj, Bank Manager, and filed his
affidavit in lieu of examination in chief at Exh. 6. The Plaintiff had also
filed list of documents at Exh.7. The plaintiff has filed evidence close
pursis vide Exh.24. The plaintiff filed following documents along with
Exh. 7 which he has proved the same in evidence as follows :
Sr.
No.
Documents. Exh. No.
1. Power of Attorney dated 04.12.2014 Exh. 8
2 Application Form dated 18.02.2016 Exh. 9
3 Sanction Memorandum dated 20.02.2016 Exh. 10
4. Request for Overdraft Facility dated 02.03.2016 Exh. 11
5 Pronote dated 02.03.2016 Exh.12
6 Cash Credit Agreement dated 02.03.2016 Exh. 13
7 Sanction Memorandum Dated 25.01.2017 Exh. 14
8 Request for overdraft Facilities Dated
04.02.2017
Exh. 15
9 Pronote dated 04.02.2017 Exh. 16
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Judgment in
Suit No.1171 of 2020. 4 Exh.26
10 Letter of Proprietorship dated 02.03.2016 Exh. 17
11 Supplemental Agreement Dated 04.02.2017 Exh. 18
12. Link Letter in respect of Enhancement of Credit
Facilites dated 04.02.2017
Exh. 19
13. Letter of Renewal dated 04.02.2017 Exh. 20.
14 Acknowledgment of debt and security dated
20.02.2019
Exh. 21.
15. Plaintiff Notice dated 11.05.2018 Exh. 22
16. Statement of Account Exh.
23(colly)
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.:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover an amount of
Rs.1,67,464/- with interest at the
rate of 14.15% p.a. from the date
of the suit?
..Yes..
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is decreed.
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Judgment in
Suit No.1171 of 2020. 5 Exh.26
:REASON:
As to point No. 1 & 2:
8. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
Therefore, there is no reason as to discard the case. The affidavit of
evidence at Exh. 6 and documents filed on record show that the term
loan was disbursed by the plaintiff to defendant but he has failed to pay.
The plaintiff has succeeded to show that the amount of Rs.1,67,464/-
was due from defendants on account of loan advanced to defendant.
Now peculiar question arise, whether the suit is within the limitation.
9. The plaintiff has filed on record Sanction Memorandum
dated 20.02.2016 which reflects the pleadings that the plaintiff has
sanctioned loan to the defendant at the rate of 10.40% p.a. The
defendant has made request for overdraft facilities on 04.02.2017 for
loan amount of Rs.50,000/-. The Request of Overdraft at Exh. 15
supports the contends of the plaintiff. The plaintiff has filed the
statement of account which show that since 30.04.2018 the defendant
failed to repay the amount. Defendant has paid an amount of
Rs.10,000/- on 20.02.2019. He has executed the acknowledgment of
the debt. The suit is instituted on 06.03.2020 claiming the amount of
Rs.1,67,464/-. The pleading and evidence of the plaintiff remained
unchallenged. Hence, it is proved that the defendant failed to pay an
amount of Rs.1,67,464/- to the plaintiff. Considering debt of the
acknowledgment of the loan by the defendant. The suit is within the
limitation. Resultantly, point Nos. 1 & 2 is answered in the affirmative.
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Judgment in
Suit No.1171 of 2020. 6 Exh.26
11. The suit is proceeded exparte. The suit is going to decree.
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. 1171 of 2020 is decreed with costs.
2. The Defendant to pay an amount of Rs.1,67,464/- to the
plaintiff with interest at the rate of 14.15% 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. Decree be drawn up accordingly.
5. Suit No.1171 of 2020 is disposed off accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:13.07.2023 Greater Bombay (CR 59)
Declared on : 13.07.2023
Dictated on : 13.07.2023
Transcribed on : 08.08.2023
Checked on : 10.08.2023
Signed on :
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Judgment in
Suit No.1171 of 2020. 7 Exh.26
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.08.2023 at 11.00 -a.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 13.07.2023
Order signed by P.O. on 17.08.2023
order uploaded on 22.08.2023
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