Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: :1: Summary Suit No.492/2018
Received on : 05.03.2018
Registered on : 17.04.2018
Decided on : 04.05.2019
Duration : Y M D
01 02 01
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 492 OF 2018
CNR NO.: MHCC010031642018
Corporation Bank
a body corporate constituted under the provisions
of the Banking Companies (Acquisition & Transfer
of Undertakings) Act, 1980 having its Zonal Office
at 28, Mittal Chambers, 2nd Floor, Nariman Point,
Mumbai 400 021 and a Branch Office amongst
others at Corporation Bank, 520, Kingdom Building,
Formerly Western India Tanneries Building, 2A,
Dharavi Road, Mumbai 400 017 represented
through its Manager Preyas age 29 years. ...Plaintiff.
Versus
1. M/s. Abhiman Travels
Having address at E 2 Utkarsh Seva
Rebello Compound Subash Nagar 2,
MIDC, Andheri East,
Mumbai – 400 093.
2. Rammilan Yadav (Adult)
Proprietor M/s. Abhiman Travels, having
address E 2 Utkarsh Seva
Rebello Compound Subash Nagar 2,
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MIDC, Andheri East,
Mumbai – 400 093. ….Defendants.
Appearances:
Advocate Mr. Patil for the Plaintiff.
Defendants Exparte.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 4th MAY, 2019.
[ J U D G M E N T ]
Story of plaintiff in short is as under :
1. Plaintiff has stated that the plaintiff has disbursed Vehicle Loan
of Rs.6,30,000/ against which the defendant has executed the
following documents:
a. Agreement for Term Loan dated 09.03.2013 executed by and
between Abhiman Travels as the Borrower of the one part
and Corporation Bank, Dharavi Branch as the Bank of the
second part.
b. Agreement for Hypothecation dated 09.03.2013 executed by
and between Abhiman Travels as the Borrower of the one
part and Corporation Bank, Dharavi Branch as the Bank of
the second part,
c. Letter of Undertaking/Declaration dated 09.03.2013.
2. Plaintiff has further stated that, plaintiff had granted commercial
vehicle loan to the defendant for that Agreement for Hypothecation of
Vehicles dated 09.03.2013 has been executed between defendant and
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plaintiff, wherein the defendant had agreed to abide by the terms and
conditions mentioned therein. As per the terms and conditions of the
said Agreement for Hypothecation of Vehicle, the defendant had agreed
to pay monthly instalments of Rs.13,777/ each month towards the
repayment of the above loan commencing from 06.03.2013 and further
agreed to pay an overdue interest at the rate of 2% p.a. on the unpaid
monthly instalments.
3. Plaintiff has further stated that defendants had failed and
neglected to pay the monthly instalment regularly, further failed to
operate the above loan account in accordance with terms and
conditions of the said Loan agreements, on which the plaintiff have
granted the above loan and as such the account bearing
No.CVEHT/01/130011 of the defendant became N.P.A. on 30.06.2017.
4. Plaintiff has further stated that the defendants have made last
payment of Rs.3,000/ on 22.01.2018, however, the defendants did not
clear their entire outstanding dues within time. Hence, the defendants
are liable to pay the sum of Rs.1,62,982/ as on 09.02.2018 as per the
particulars of clam. Therefore, plaintiff filed this suit.
5. Defendant Nos. 1 and 2 failed to appear in the suit, therefore,
suit has proceeded exparte against them.
6. Heard the Ld. Advocate for the plaintiff.
7. Following points arise for determination and their findings
followed by reasons are as stated below:
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Sr. No. POINTS FINDINGS
1. Whether plaintiff is entitled to get
sum of Rs.1,62,982/ from
defendants alongwith interest @
11.25% p. a. on the sum of
Rs.1,56,227/ from the date of filing
of the suit till its realisation ?
...Partly in the
affirmative.
2. What order and Decree ? ...As per final order
REASONS
8. Plaintiff relied upon the following documents as documentary
evidence which are as under :
Sr.
No.
Exhibits Particulars
1. Exh.8 Verified Copy of the said Power of Attorney dated
31.07.2013.
2. Exh.9 Original Loan Application dated 10.02.2013
3. Exh.10 Original sanction letter dated 06.03.2013
4. Exh.11 Original Agreement for Term Loan dated 09.03.2013.
5. Exh.12 Original Agreement for Hypothecation of Vehicles dated
09.03.2013.
6. Exh.13 Original Letter of Undertaking / Declaration dated
09.03.2013.
7. Exh.14 Office copy of Notice dated 28.02.2018.
8. Exh.15 Original postal receipt dated 28.02.2018
9. Exh.16 Original acknowledgement card.
10. Exh.17 Original Statement of the account.
11. Exh.18 Original Certificate under Banker Books Evidence Act,
1891.
12. Exh.19 Original letter dated 06.01.2016 of Acknowledgement
of Debt.
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AS TO POINT NOS. 1 AND 2:
9. Plaintiff has filed evidence of Mr. Preyas (P.W.1), the Manager
of the plaintiff in the form of affidavit below Exh.6 and he has stated in
his evidence that the defendant No.1 is principal borrower and
defendant No.2 proprietor of defendant No.1, having their respective
addresses as mentioned in the cause title of the suit.
10. Mr. Preyas (P.W.1) has further stated that the defendant has
executed the following documents for availing said Vehicle Loan from
the plaintiff:
a. Agreement for Term Loan dated 09.03.2013 executed by and
between Abhiman Travels as the Borrower of the one part
and Corporation Bank, Dharavi Branch as the Bank of the
second part.
b. Agreement for Hypothecation dated 09.03.2013 executed by
and between Abhiman Travels as the Borrower of the one
part and Corporation Bank, Dharavi Branch as the Bank of
the second part,
c. Letter of Undertaking/Declaration dated 09.03.2013 executed
by the defendant herein, in favour of the plaintiff.
11. Mr. Preyas (P.W.1) has further stated that defendants had failed
and neglected to pay the monthly instalment regularly, further failed to
operate the above loan account in accordance with terms and
conditions of the said Loan agreements, on which the plaintiff have
granted the above loan and as such the account bearing
No.CVEHT/01/130011 of the defendant became N.P.A. on 30.06.2017.
12. Mr. Preyas (P.W.1) has further stated that the defendants have
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made last payment of Rs.3,000/ on 22.01.2018, however, the
defendants did not clear their entire outstanding dues within time.
Hence the defendants are liable to pay the sum of Rs.1,62,982/ as on
09.02.2018 as per the particulars of claim.
13. Plaintiff has adduced verified copy of Power of Attorney,
Original Loan Application, Original Sanction Letter, Original Agreement
for Term Loan, Original Agreement for Hypothecation of Vehicles,
Original Letter of Undertaking/ Declaration, Office copy of Notice,
Original Postal receipt, Original acknowledgement Card, Original
Statement of the Account, Original Certificate under Banker Books
Evidence Act and original letter of Acknowledgement of Debt on record
as documentary evidence. The oral evidence of plaintiff is corroborated
by documentary evidence. Defendants have failed to challenge all the
allegations in the plaint and evidence of plaintiff. Therefore, plaintiff
has proved that it is entitled to get sum of Rs.1,62,982/ from both
defendants jointly.
14. It appears that as per Section 34 of the Code of Civil Procedure,
it will be proper to direct defendants to give interest @ 9% p.a. on the
amount of Rs.1,56,227/ from the date of filing of the suit till its
realisation. Hence, answer point No.1 partly in the affirmative and pass
following Order:
ORDER
1. Suit is partly decreed with cost.
2. Defendant Nos. 1 and 2 are jointly directed to pay sum of
Rs.1,62,982/ to plaintiff along with interest @ 9% p.a. on the
sum of Rs.1,56,227/ from the date of filing of the suit till its
realisation.
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3. Decree be drawn accordingly.
4. Court fee be refunded as per rules.
(S.P. AGARWAL)
Judge,
Date: 04.05.2019. City Civil Court,
Gr. Bombay.
Dictated on : 04.05.2019
Transcribed on : 04.05.2019
Signed on : 04.05.2019
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:8: Summary Suit No.492/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
11.06.2019 At 1:24 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
04.05.2019
Judgment/Order signed by P.O. on 04.05.2019
Judgment/Order uploaded on 11.06.2019
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