Order 1

Order Details: Ex-parte Judgement
Pdf Text: Sum.Suit No.430/2018 1
Registered on : 05.08.2018
Decided on : 02.02.2019
Duration : 00 05 27
Y M D
EXHIBIT
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.430 OF 2018
IDBI Bank Ltd.
A Banking Company, Registered under
Companies Act 1956 (1 of 1956) and also
A Banking Company under Section 5(c) of
the Banking Reglation Act 1949
(10 of 1049) having its Regd.Office at
IDBI Tower, World Trade Center Complex,
Cuffe Parade, Colaba, Mumbai – 400005 and
Branch Office at Shrirang Niwas, “B” Wing,
Gopal Krishna Gokhale Marg, Mulund (East),
Mumbai – 400081 known as Mulun (East)
Branch, Represente by its Assistant
General Manager Mr.T.Sairam. .....Plaintiff
V/s.
1. M/s.M.N.Tours & Travels
2. Nilesh Jotiram Gaikwad
(Age Not Known)
Proprietor of M/s.M.N.Tours &
Travels, having their address at
Room No.3, Veer Bhavan Chawl,
Waghobawadi Pipeline, Bhandup (West)
Mumbai – 400078.
3. Deepak Ganpat Tetambe
Adult Indian Inhabitant having his
address at Room No.5, Ram Pyari Bai
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Sum.Suit No.430/2018 2
Chawl, Gavdevi Road, Tembipada,
Bhandup (West), Mumbai – 400078. ....Defendants
CORAM :HIS HONOUR JUDGE
SHRI. M.M.UMAR
(C. R. No.: 28)
DATED :02/02/2019.
Advocate Ms.Hemangi Kamgar for the plaintiff
Exparte against defendant.
EXPARTE JUDGMENT
1. Plaintiff has filed this summary suit for recovery of an amount
of Rs.7,99,355/ alongwith further interest at the rate of 12% p.a. from
the date of filing of the suit till its realization.
2. The facts of the case can be briefly stated as under:
It is the case of plaintiff that it is a Banking Company, the
defendant no.1 is the principal borrower, the defendant no.2 is the sole
proprietor and the defendant no.3 is the guarantor. The defendants
approached to the plaintiff/Bank for term loan facility under the scheme
of small road and water transport operators and accordingly the
plaintiff/Bank sanctioned Rs.7,00,000/ on the terms and conditions as
mentioned in the sanction letter dated 11/3/2015 for the purchase of 4
wheeler vehicle for commercial purpose. The said loan was repayable in
60 equal monthly instalments, each of Rs.15,838/ The defendants
executed the necessary documents and availed the loan facility but they
failed to repay the amount. Ultimately, the plaintiff issued notice to the
defendant on 18/10/2017 to repay the amount but they failed and
neglected to do so. Consequently, the plaintiff has filed the present suit.
3. The plaintiff has filed on record affidavit of service of summons
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Sum.Suit No.430/2018 3
at Exhibit 5. Defendants inspite of service of writ of summons did not
appear in the suit. Therefore, suit is proceeded exparte against them.
4. Plaintiff has filed affidavit of evidence of PW 1 Nalini Dalvi in
support of its suit claim at Exhibit 6, in which she has reiterated the
contents of plaint, elaborately. So also, she has filed the List of
documents at Exhibit 7. He has filed the documents like Sanction letter,
Hypothecation cum loan agreement, Continuing Security letter,
Common Guarantee Deed, Copy of Notice etc.
5. As the defendants have failed to put their appearance and
contest the suit therefore, in these circumstances in view of the
provisions of subrule2 of Rule3 of Order XXXVII of C.P.Code, the
averments made by the plaintiff in the plaint are deemed to be
admitted. There is nothing on record to disbelieve the oral and
documentary evidence placed on record by the plaintiff. Hence, in view
of the matter, the plaintiff is entitled for the decree as prayed alongwith
interest @ 9% p.a. from the date of filing of the suit till its realization.
In the result, following order.
: ORDER :
1. The Summary Suit No.430/16 is decreed with costs.
2. Defendants jointly and severally do pay to the plaintiff an
amount of Rs.7,99,350/(Rupees Seven Lacs Ninety Nine thousand
Three hundred and Fifty) with interest on the principal amount of
Rs.7,00,000/, at the rate of 9% p.a. from the date of filing of the suit
till its realization.
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Sum.Suit No.430/2018 4
3. The plaintiff shall intimate to the defendant by Registered Post
Acknowledgement Due, regarding this Exparte decree, well before filing
the execution proceeding.
4. Decree shall be drawn up accordingly.
(M.M.UMAR)
Judge,
Date : 02/02/2019 City Civil Court, Gr. Bombay
Dictated on : 02/02/2019
Transcribed on : 02/02/2019
Signed on : 05/02/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
5/2/19 1.30p.m. Mrs.Jyoti R.Mane
Name of the Judge HHJ Shri M.M.Umar(CR No.28)
Date of Pronouncement of
Judgment/Order.
2/2/19
Judgment/order signed by P.O on 5/2/19
Judgment/order uploaded on 5/2/19
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