Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.451/2018 1
Received on : 08-03-2018
Registered on : 07-04-2018
Decided on : 24-02-2020
Duration : 01Y 11M 18D
IN THE CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 451 of 2018
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
( CNR NO.: MHCC01-003320-2018)
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,
Plot No.95/C. Ground Floor, Tolaram
Shopping Centre, N.G.Aacharya Marg, Chembur
Mumbai 400 071 through its Manager,
Rajmumar. S.A.age 40 years. ...Plaintiff
Versus
Mr.Mansaram Dulam Kanojia
Age: Adult,
Residing at Arvind Patil Wadi,
Chougule Niwas, Ghatla Village,
Chembur, Mumbai. ….Defendant
Appearances:-
Advocate Mr. Thakur for the Plaintiff.
Defendant Ex-parte.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 24th February 2020
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SUMMARY SUIT NO.451/2018 2
J U D G M E N T
1. This is Summary Suit for recovery of Rs.63,469/-(Rupees Sixty
Three Thousand Four Hundred and Sixty Nine Only) with simple
interest @ Rs.10.65% p.a. from the date of the suit till realization of
amount.
2. According to the plaintiff, it is a Banking Company. On the
request of the defendant, the plaintiff sanctioned Vehicle loan of
Rs.3,10,000/- in December 2015 in favour of the defendant. The
plaintiff disbursed the loan amount of Rs.3,10,000/- in favour of the
defendant. The Defendant executed relevant documents as Agreement
for term loan, agreement for hypothecation, letter of undertaking
dtd.08.08.2012 . The defendant had agreed to repay the loan amount in
equated monthly installments with interest @ 11.50% p.a. According to
the plaintiff, the defendant failed and neglected to pay the monthly
installments regularly. Vide legal notice dated 30.12.2017, the plaintiff
called upon the defendant to pay then due amount. However, the
defendant did not comply with it. At the institution of the suit, the
defendant was liable to pay Rs.63,469/-. Therefore, the plaintiff
claimed decree for recovery of said amount with interest.
3. Despite service of summons the defendant failed to appear.
Therefore, suit proceeded Ex-parte 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:-
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SUMMARY SUIT NO.451/2018 3
POINTS FINDINGS
1. Whether the plaintiff is entitled
to recovery of amount as prayed?
Yes
2. At what pendente lite and
future interest ?
At the rate of 10% p.a.
3. What order and decree? As per final order
REASONS
AS TO POINTS NO.1 to 3
5. The plaintiff examined its manager P.W.1 Lakshmeesha at Exh.6.
Her testimony speaks that on the request of defendant vehicle loan of
Rs.3,10,111/- was disbursed in his favour by the plaintiff. However, the
defendant failed to repay the loan amount by regular monthly
installments. According to him, at the institution of the suit, amount of
Rs.63,469/- was due and payable by the defendant.
6. His testimony is corroborated by the documents on record as the
loan application, dated 24/07/2012 which reveals that defendant had
applied for loan. Sanction letter, Agreement for term loan, agreement
for hypothecation, letter of undertaking dtd.08.08.2012 reveal that the
defendant agreed to repay the loan of Rs.3,10,000/- in equated monthly
installments with interest @11.50% p.a.. The statement of account
reveals that the loan was disbursed by the plaintiff in favour of the
defendant. Thus, it is clear that the plaintiff had paid loan amount of
Rs.3,10,000/- to defendant with interest @ 11.50% p.a., but the
defendant failed to repay the loan. On the date of filing of the suit, the
amount outstanding, due and payable by the defendant was
Rs.63,469/-. In these circumstances, the plaintiff is entitled to recover
the amount of Rs.63,469/-. It appears that the loan was granted to the
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SUMMARY SUIT NO.451/2018 4
defendant for touring business. Considering these circumstances, it is
just and proper to grant the interest at simple rate of 10% p.a. from the
date of suit till realization of amount. Hence, point No.1 is answered in
the affirmative and point No.2 is answered as that the plaintiff is
entitled to the interest @ 10% p.a. from the date of suit till realization
of the amount. In view of Para-499 of Civil Manual court fees has to be
refunded to the plaintiff, this being summary suit where the defendant
did not appear. In answer to point No.3 order as follows is passed.
ORDER
1. The suit is Ex-parte decreed with costs as under:-
2. The Defendant shall pay to the plaintiff amount of Rs.63,469/-
(Rupees Sixty Three Thousand Four Hundred and Sixty Nine Only) with
simple interest @ 10% p.a. from the date of suit till realization of the
amount.
3. Court fees be refunded to the plaintiff as per rules.
4. Decree be drawn up accordingly.
(Deepak L. Bhagwat)
Ad-Hoc Judge,
Date: 24/02/2020 City Civil Court,Gr. Mumbai
Dictated on : 24/02/2020
Signed on : 25/02/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27/02/2020 at 2.20p.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
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SUMMARY SUIT NO.451/2018 5
(C.R.NO.28)
Date of pronouncement of Judgment/Order 24/02/2020
Judgment/Order signed by P.O. on 25/02/2020
Judgment/Order uploaded on 27/02/2020
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