Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No.
1823 of 2019. 1
MHCC010033382018
Presented on : 08-03-2018.
Registered on : 10-04-2018.
Decided on : 10-07-2023.
Duration : 5Yr, 4 M, 2 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.1823 OF 2019.
Exh. 39.
TAMILNAD MERCANTILE BANK LTD. ]
A Banking Company incorporated under ]
the Companies Act 1956 having its Registered ]
Office at 57, V.E. Road, Thoothukudi 628 002 ]
and a branch amongst other places at ]
Ground Floor, Plot No.53. C.S.T.Road, ]
Sindhi Society, Opp. Bhakthi Bhavan, ]
Chembur, Mumbai – 400 071. ]
through authroized officer, ]
Mr. D. Saravanan Age. 49 Years. ]....Plaintiff.
Vs.
1.Mr. Patel Vinkesh Navin. ]
S/o. Mr. Navin, adult, Indian Inhabitant. ]
residing at Room No. 3, Hirkani CHS., ]
Pandurang Wadi, Road No. 3, ]
Goregoan (East), Mumbai – 400 063. ]
2. Mr, Aneel Bandopanth Kalbhor ]
S/o. Bandopanth Kalbhor, having address at ]
Flat No.401, Plot No. 503, Monarch, Galaxy, ]
Seawood, Sector 36, Nerul, ]
Navi Mumbai – 400 706. ]...Defendants.
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Judgment in Suit No.
1823 of 2019. 2
Appearance:
Adv. Sameer Shaikh i/b M/s. Consulta Juris for the plaintiff
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :10th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.5,48,499/- at
the rate of interest 11.25% p.a.
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that it is a banking companies
registered under Companies Act 1956. Defendnat No.1 who is borrower
applied for loan to purchase vehicle. Accordingly, on 19.07.2012, the
plaintiff -sanctioned loan of Rs.5,00,000/- on security executed by
Defendant No. 1 to purchase vehicle i.e. Swift Dezire bearing
registration No. MH02CP9592 dt. 31.10.2012. Defendant No. 2 is the
guarantor. The hypothecation deed in favour of the plaintiff was
executed on the same day. It was agreed that defendant No.1 will repay
the loan amount in installments.
3. The plaintiff specifically contends that since 31.03.2015,
the loan account of the defendant turned as a ‘Non Performing Assets’
(In short ‘NPA’). Hence, number of letters are issued. On 12.02.2018,
defendant No.1 is due to pay an amount of Rs. 5,48,499/-. On
05.06.2015, defendant No.1 had executed revival letters. Hence,
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Judgment in Suit No.
1823 of 2019. 3
defendants are failed to pay an amount of Rs.5,48,499. However,
despite of notices and letters sent by the plaintiff, defendants failed to
repay loan from 12.02.2018. Hence, this Suit.
4. Defendant Nos. 1 & 2 are duly served with writ of
summons but they failed to appear. Therefore, the suit proceeded
exparte against them vide order dated 19.07.2019 and 14.11.2019
respectively.
5. After suit proceeded ex-parte, the plaintiff filed affidavit of
evidence at Exh.6 along with List of Documents at Exh.8. The Plaintiff
has also filed Statement of Truth at Exh.7 and evidence close pursis at
Exh. 9-A. The plaintiff filed following documents along with Exh. 08
which he has proved the same in evidence as follows.
Sr.
No.
Documents. Exh. Nos.
1. Copy of Power of Attorney dated 26.02.2015,
that PW-1 Mr. M. Dhanasekaran, son of Thiru
P. Mariappan, Manager of Tamilnad Mercantile
Bank Ltd., deposed on behalf of the plaintiff,
Exh. 9
2 Original Sanction Letter dated 19.07.2012 Exh. 10
3 Original requisition letter to avail the
loan/limit dated 19.07.2012
Exh. 11
4. Original Demand Promissory Note dated
19.07.2011 of Rs. 5,00,000/-
Exh. 12
5 Original Take Delivery Letter dt. 19.07.2012. Exh. 13
6 Original Letter of waiver dated 19.07.2012. Exh.14
7 Original CIBIL undertaking Dated 19.07.2012 Exh. 15
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Judgment in Suit No.
1823 of 2019. 4
8 Original Letter of Undertaking of payment of
installments dated 19.07.2012
Exh.16
9 Original Undertaking to produce the vehicle
for inspection within 7 days of receipt of letter
from the bank dtd. 19.07.2012
Exh. 17
10 Copy Hire Purchase Agreement dated
19.07.2012
Exh. 18
11 Original Undertaking as regards EMI dated
03.06.2013
Exh. 19
12 Original Deed of Hypothecation dated
19.07.2012 executed by defendant No.1 in
favour of the plaintiff along with copy of
Certificate of Registration
Exh. 20
13 Original Consent Letter dated 19.07.2012
executed by Defendant No.2 to stand as
guarantor
Exh. 21
14 Original Guarantee Agreement dated
19.07.2012.
Exh. 22
15 Original CIBIL Undertaking executed by
Defendant No. 2
Exh. 23
16 Original Letter dated 19.07.2012 addressed by
the plaintiff to the dealer i/e M/s. Sai Motor
World.
Exh. 24
17 Original Receipts dated 19.07.2012 and
26.06.2012 along with copy of receipt dated
12.06.2012 issued by M/s Sai Motor World.
Exh. 25
18 Original demand letter dated 28.03.2014
addressed by plaintiff to defendant No.1
Exh. 26
19 Original demand letter dated 05.09.2014
addressed by plaintiff to defendant No.1
Exh. 27
20 Original Demand Letter dated 29.09.2014
addressed by plaintiff to defendant No.1.
Exh. 28
21 Original Demand letter dated 25.11.2014
addressed by plaintiff to defendant No.1
Exh.29
22 Original demand letter dated
07.01.2015addressed by plaintiff to defendant
Exh. 30
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Judgment in Suit No.
1823 of 2019. 5
No.1
23 Original demand letter dated 16.01.2015
addressed by plaintiff to defendant No.1
Exh. 31
24 Original demand letter dated 20.01.2015
addressed by plaintiff to defendant No.1
Exh.32
25. Original demand letter dated 28.02.2015
addressed by plaintiff to defendant No.1
Exh. 33
26 Original demand letter dated 23.04.2015
addressed by plaintiff to defendant No.1
Exh.34
27 Original demand letter dated 05.06.2015
addressed by the plaintiff to defendant No.1
Exh. 35
28 Original revival letter dated 05.06.2015 Exh. 36
29 Statement of Account Exh. 37
30 Certificates under Banker’s Book of Evidence
Act.
Exh. 38.
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.5,48,499/- with interest at
the rate of 11.25% 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.
1823 of 2019. 6
: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. 8 and documents filed on record show that the term
loan was disbursed by the plaintiff to defendant No.1 but he has failed
to pay. The plaintiff has succeeded to show that the amount of
Rs.5,48,499/- was due from defendants on account of loan advanced
by him to defendant No.1. Now peculiar question arise, whether the
suit of the plaintiff is within the limitation.
9. It is specific contention of the plaintiff that as per
agreement between itself and defendant No.1, defendant No. 2 has
agreed to act as guarantor to defendant No.1. The plaintiff has filed on
record sanction letter, Requisition Letter, Hire purchase agreement and
other original documents which show that there is agreement between
the plaintiff and defendants and the plaintiff had advanced loan to
defendant No.1 to purchase the car. All these documents supports the
case of the plaintiff. He further pleaded that defendant No.2 being a
surety, he is also liable to pay the loan amount but he failed to repay the
outstanding amount of defendant No.1. The revival date 05.06.2015
was executed within three years from the date of the loan. The suit is
instituted on 06.03.2018. Hence, the suit is within the limitation. As per
earlier observation, the plaintiff has succeeded to show that defendant
No.1 is liable to pay an amount of Rs. 5,48,499/- at the rate of 11.25 %
p.a.
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Judgment in Suit No.
1823 of 2019. 7
10. Defendant Nos. 1 is failed to repay the installment from
19.01.2015. The suit is instituted on 08th March 2018. Above
documents along with statement of account establish that plaintiff
Bank sanctioned and disbursed an amount of Rs.5,00,000/- to the
defendants as vehicle loan. The statement of account further indicates
that an amount of Rs.5,48,499/- as per Particulars of Claim given in
Exh.H with the plaint is outstanding in the loan account of the
defendant No.1. The Demand Notices are duly served upon defendant
No.1. The writ of summons is also served but defendants have failed to
defend the claim. The revival letter dated 05.06.2015 bring the suit
within the limitation. Therefore, the plaintiff is entitled to recover the
outstanding amount along with interest as per documents on record. As
per the agreement for loan, defendant No. 1 and 2 were bound to pay
an amount at the rate of interest 11.25% p.a. Resultantly, point Nos. 1
& 2 are answered in the affirmative.
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. 1823 of 2019 is decreed with costs.
2. Defendant Nos. 1 & 2, jointly and severally to pay an amount
of Rs.5,48,499/- to the plaintiff with interest at the rate of
11.25% p.a. from the date of the suit till entire amount is realised.
3. Defendant Nos.1 & 2 pay or deposit the aforesaid decreetal
amount paid to the plaintiff within two months from the date of
this order.
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Judgment in Suit No.
1823 of 2019. 8
4. Decree be drawn up accordingly.
5. Suit No. 1823 of 2019 is disposed off accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:10.07.2023 Greater Bombay (CR 59)
Declared on : 10.07.2023
Dictated on : 10.07.2023
Transcribed on : 21.07.2023
Checked on : 21.07.2023
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
25.07.2023 at 11.30 -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 03.07.2023
Order signed by P.O. on 18.07.2023
order uploaded on 25.07.2023
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