Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: CS No.100171 / 2021, Canara Bank – Apple
Judgment (Exh.19), 1 of 5
MHCC010033162020 Suit Filed on : 16.03.2020
Evidence Over : 22.08.2024
Arguments over : 26.08.2024
Decided on : 26.08.2024
Duration : 04 Y, 05 M, 10 Days
City Civil & Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 31 – Commercial Court
(Additional District Judge : Vijay S. Hingne, LL. M.)
Commercial Suit No. 100171 / 2021 Exhibit No. 19
Plaintiff : Canara Bank (erstwhile, Syndicate Bank)
Head Office : 112, J. C. Road,
Bangalore, Karnataka State.
Branch Office – 10, Homji Street Branch,
Fort, Mumbai 400 023.
Through – Vandana Nadkarni
VERSUS
Defendant : M/s. Apple Travel World
Proprietor : Vinod Indrabhadur Singh
G-4, G. N. Omkarmal Chawl,
Opp. T. J. Road, Near Swan Mill,
Sewree, Mumbai 400 015.
Appearances
Plaintiff
: Adv. Ms. Sujata Dahigaonkar
Defendant
: Ex-parte
Suit for Recovery of ₹. 6,40,373.59/-
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J U D G M E N T
(Delivered on this 26th Day of August, 2024)
Suit is preferred for recovery of .	₹ 6,40,373.59/- with
interest @ 11.50 % p. a.
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CS No.100171 / 2021, Canara Bank – Apple
Judgment (Exh.19), 2 of 5
Case of Plaintiff :
2) Canara Bank, Mumbai, Maharashtra, (hereinafter,
plaintiff) is Banking Institution.
Defendant M/s. Apple Travel World, Sewree, Mumbai,
Maharashtra, is Proprietary concern of Vinod Indrabhadur Singh
(hereinafter,
defendant).
3) On 04.01.2016, defendant filed loan application for
Loan of . 5	₹ ,90,000/- for purchase of Maruti Suzuki Swift DZire.
He agreed to repay loan in 84 monthly installments of
.	₹ 10,376.99/- each.
Defendant executed various documents.
Accordingly, on 15.01.2016, plaintiff sanctioned said
Loan to defendant.
4) Defendant made last payment on 06.06.2017 and then
defaulted. Hence, from 30.08.2017, plaintiff treated the loan
account as NPA.
On 12.12.2018, plaintiff issued Notice asking defendant
to clear the outstanding amount. However, defendant failed.
Pre-Institution Mediation :
5) Plaintiff submitted dispute for Pre-Institution Mediation
on 06.08.2019. But defendant failed to appear. Hence, there was
Non-Starter Report Dt. 13.02.2020.
Filing of Suit :
6) On 16.03.2020, plaintiff filed present Commercial Suit
No. 100171 / 2021, for recovery of . 6,40,373.59/-	₹ with interest
@ 11.50 % p. a.
Defendant :
7) Despite service of summons by way of paper
publication on 19.01.2024 (Exh.4), defendant failed to appear in
the Court. Hence, on 12.03.2024, the Suit was ordered to proceed
ex-parte.
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CS No.100171 / 2021, Canara Bank – Apple
Judgment (Exh.19), 3 of 5
Evidence of Plaintiff :
8) Plaintiff adduced oral and documentary evidence as :
PW1, Exh.6 : Evidence of plaintiff Sharanpreet Singh
Exh.8 : Loan Application Dt. 14.01.2016.
Exh.9 : Letter of Sanction Dt. 15.01.2016.
Exh.10 : Composite Hypothecation Agreement Dt. 20.01.2016.
Exh.11 : Receipt Dt. 20.01.2016.
Exh.12 : Particulars of Assets and Liabilities Dt. 14.01.2016.
Exh.13 : Authority Letter Dt. 20.01.2016 to debit installments.
Exh.14 : Legal Notice Dt. 12.12.2018.
Exh.15 : Statement of Account from 20.01.2016 to 29.02.2020.
Exh.16 : Particulars of Claim.
Exh.17 : Non-starter Report.
Exh.18 : Evidence closure pursis filed by plaintiff.
Points for determination :
9) Perused Record. Points for determination, findings and
reasons are as follows :
Points
Findings
1. Is plaintiff entitled for recovery
as prayed?................................ Partly in Affirmative
2. What Order?............................ As Final Order.
R E A S O N S
Reasons as to Point No. 1 & No. 2 :
10) Plaintiff examined its Officer Sharanpreet Singh (PW1,
Exh.6). He deposed in accordance with pleadings from Plaint and
claimed that, defendant executed documents at Exh.8 to Exh.13,
availed loan facility and then avoided repayment.
11) Despite service of Summons, defendant failed to appear
in the Suit to state that, Suit is false or that he has repaid or that
for some legal aspects, he is not liable against the claim.
12) Documents filed by plaintiff are in original. There is
nothing suspicious in those unchallenged documents. Hence, they
are relied upon. They prove the transaction as alleged by plaintiff.
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CS No.100171 / 2021, Canara Bank – Apple
Judgment (Exh.19), 4 of 5
Limitation :
13) As per plaintiff, loan was sanctioned on
15.01.2016.
Therefore, three years limitation for plaintiff to prefer
recovery Suit will conclude on,
14.01.2019.
However, Suit is filed on
16.03.2020.
Hence, aspect of limitation is taken for consideration.
14) Plaintiff contended that, defendant made last repayment
on
06.06.2017.
This pleading and evidence is not under challenge from
the side of defendant. Hence, it is relied upon.
So, three years limitation for filing recovery Suit will re-
commence from
07.06.2017 and will conclude on
06.06.2020.
Further, during 06.08.2019 to 13.02.2020, the Suit was
subjudiced for Pre-Institution Mediation. As per Sec. 12 A of the
Commercial Courts Act, said duration will have to be excluded
from computation of limitation. So, this duration of 192 days will
extend the limitation further from 06.06.2020 onward and it will
continue till 18.02.2021.
Therefore, the Suit filed on 16.03.2020 is held to be
within limitation.
Decree amount :
15) Plaintiff claimed recovery of . 6,40,373.59	₹ /-.
Plaintiff has filed copy of Legal Notice Dt. 12.12.2018
at Exh.14. In said Notice, plaintiff claimed that, defendant is
under liability of .	₹ 5,31,045.37/-.
Thereafter, Suit came to be filed on 16.03.2020.
In given facts and circumstances, it would be proper
that, Suit is decreed for .	₹ 5,31,045/- (amount rounded).
Interest:
16) Plaintiff has claimed interest @ 11.50 % p. a.
Perusal of executed documents supports said agreed rate
of interest.
If parties have agreed on particular rate of interest, then
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CS No.100171 / 2021, Canara Bank – Apple
Judgment (Exh.19), 5 of 5
such rate of interest can be awarded. Hence, interest @ 11.50 %
p. a. can be made applicable.
However, it needs consideration that, defendant is not a
commercial industry or a businessman. He appears to be one man
borrower, who obtained the loan for his livelihood. In that
circumstances, it would be just, legal and proper that the rate of
interest @ 9 % is made applicable.
17) In view of unchallenged oral and documentary evidence
of plaintiff, the Suit is entitled for Decree. Therefore, the Points
are so answered and the Suit is partly decreed, as follows :
ORDER
1. Commercial Suit No. 100171 / 2021, Canara Bank Vs
M/s. Apple Travel World, is partly decreed, with
proportionate cost.
2. Defendant, within three months from date of this Order,
shall pay, .	₹ 5,31,045/- ( . Five Lakh Thirty One
₹
Thousand and Forty Five Only) to plaintiff, with interest
@ 9 % per annum from the date of filing of the Suit, till
its realization.
3. Court fee, if any, be refunded to the plaintiff, as per
rules.
4. Decree be drawn up accordingly.
5. Judgment pronounced in Open Court.
6. Parties be informed about their right to challenge this
Judgment and period of limitation for same.
7. After compliance and period of Appeal, Shirestedar and
AS to consign Record of the Suit, to Record Room.
Mumbai
Dated : 26.08.2024 (Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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