Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SS No. 376/ 2021
	SBI Vs.Shailesh Judgment (Exh.12) 1
MHCC010035462020 Suit Lodged on : 15.07.2020
Suit Admitted on : 05.04.2021
Suit Decided on : 08.07.2026
Duration : 5Y : 11M : 24D
Exhibit : 12
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 – Summary Court
Summary Suit No. 376 OF 2021
State Bank of India,
a Banking Corporation constituted under the
provisions of State Bank of India Act, 1955 and
having its Central Office at Madam Cama Road,
Nariman Point, Mumbai – 400 021 and having
one of its local Head office at Synergy, C-6, “G”
Block, Bandra Kurla Complex, Mumbai – 400 051
and amongst others, having its office situated at
Small & Medium Enterprises City Credit Centre
(SMECCC) situated at Jasmine Co-operative
Housing Society, Madhusudan Kalelkar Marg,
Kalanagar, near Gurunanak Hospital, Bandra
(East), Mumbai – 400 051 in the State of
Maharashtra.
Shankar Manohar Chavan age about 50 years
CA of plaintiff. … Plaintiff.
Versus
1. Shailesh Laxman Sonawane,
Aged about 33 years, Occupation – Driver, of
Mumbai, Indian Inhabitant, having his address
situated at Room No.190, Galli No.3 Shri Krishna
Mitra Mandal, Jalprabhat Sangh, Near Sanjay
Classes, Ghatkopar (East), Mumbai – 400 075.
And
At G-17, Jalprabhat Sangh, Ranabai A Nagar,
Ghatkopar (East), Mumbai – 400 075. … Defendant.
-- 1 of 6 --
SS No. 376/ 2021
	SBI Vs.Shailesh Judgment (Exh.12) 2
Appearances :
Plaintiff : Adv. R. J. Singh.
defendants : Ex-parte.
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 08.07.2026.
***************************************************************
JUDGMENT
(Delivered on this 08th day of July, 2026)
Suit for recovery of amount of Rs.1,47,578/- with interest.
1. Plaintiff sued defendant to recover Rs.1,47,578/- and also
prayed for interest @ 11.20% per annum on principal amount
Rs.1,29,439/- from the date of filing of the suit till realization of entire
amount.
Facts giving rise to the dispute are as under :
2. Plaintiff is a Statutory Corporation constituted under State
Bank of India Act, 1955. Defendant availed Car loan of Rs.5,61,000/-
from plaintiff for purchasing a Car. Defendant applied for loan on
07.05.2016. It was sanctioned on 02.06.2016. Defendant executed
necessary agreement in favour of plaintiff. However, defendant failed to
repay loan as agreed. Defendant’s loan account was declared Non
Performing Asset (NPA for short) on 30.07.2019. Plaintiff issued legal
notice to defendant on 20.06.2020. As defendant did not repay amount
so present suit is filed.
3. Writ of summons was issued against defendant. Plaintiff filed
service affidavit Exh.03 before the then Presiding Officer. Inspite of
-- 2 of 6 --
SS No. 376/ 2021
	SBI Vs.Shailesh Judgment (Exh.12) 3
service of writ of summons, defendant did not appear. Hence, suit
proceeded ex-parte against defendant vide order dated 08.10.2022.
4. In order to prove its case, plaintiff filed evidence affidavit of
Mr. Sanjiv Shende which is at Exh.04 and relied on various documents
vide Exh.06 to Exh.11. I have heard Ld. Advocate for plaintiff.
5. Considering nature of dispute, following points arise for my
determination and I have recorded my findings for the reasons
discussed as follows:
Sr. Points Findings
1. Does plaintiff prove that defendant
borrowed car loan on 02.06.2016 and
failed to repay as agreed?
In the Affirmative.
2. Whether plaintiff is entitled to recover
any amount from defendants with
interest? If yes, what would be that
amount and rate of interest?
Plaintiff is entitled to
recover Rs.1,47,578/-
and entitled to 11.20%
interest p.a. on
Rs.1,29,439/- from the
date of suit till
realization of entire
amount.
3. What Order and decree? Suit is decreed with
costs.
R E A S O N S
Reasons as to Point Nos. 1 to 3
As all points are interconnected with each other, so they are discussed
together as under :-
6. I have gone through oral evidence of Mr. Sanjeev Shende and
perused documents proved by plaintiff vide Exh.06 to Exh.11. Plaintiff
-- 3 of 6 --
SS No. 376/ 2021
	SBI Vs.Shailesh Judgment (Exh.12) 4
deposed that though defendant borrowed a Car loan on 02.06.2016 but
failed to repay the amount as agreed. Plaintiff’s witness offered his
evidence on the basis of authorization Exh.06. Plaintiff proved
defendant’s Car loan application 16.01.2017 Exh.07. Likewise, letter of
arrangement Exh.08 and loan cum hypothecation agreement
02.06.2016 Exh.09 is also proved by plaintiff.
7. Above referred agreement and loan application bears
signature of defendant. Statement of account alongwith NPA Certificate
is at Exh.11. Plaintiff also proved legal notice 20.06.2020 which is at
Exh.10. Thus, primary evidence is placed on record. There is no reason
to disbelieve oral and documentary evidence of plaintiff. Above
documents clearly establish a fact that defendant borrowed Car loan but
failed to repay it.
8. Hence, plaintiff is entitled to recover Rs.1,47,578/-. So far as
rate of interest is concerned, plaintiff is claiming 11.20% p.a. Said
interest is an agreed rate of interest. Hence, plaintiff is entitled to
interest @ 11.20% p.a. on principal amount Rs.1,29,439/- from the
date of suit till realization of entire amount.
9. Hence, I answer point Nos.1 in affirmative and point No.2 as
Plaintiff is entitled to recover Rs.1,47,578/- and entitled to 11.20%
interest p.a. on Rs.1,29,439/- from the date of suit till realization of
entire amount. Suit thus deserves to be decreed with costs. As answer to
point No.3, following order is passed :
-- 4 of 6 --
SS No. 376/ 2021
	SBI Vs.Shailesh Judgment (Exh.12) 5
ORDER
1. Summary Suit No. 376/2021 is decreed with costs.
2. Plaintiff is entitled to recover Rs.1,47,578/-(Rupees One Lakh
Forty Seven Thousand Five Hundred Seventy Eight Only) and
entitled to 11.20% interest p.a. on Rs.1,29,439/- (Rupees One
Lakh Twenty Nine Thousand Four Hundred and Thirty Nine)
from the date of suit till realization of entire amount.
3. Defendant shall pay above referred amount with interest to
plaintiff within three months from date of this Judgment.
4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Mumbai
Dated : 08.07.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
-- 5 of 6 --
SS No. 376/ 2021
	SBI Vs.Shailesh Judgment (Exh.12) 6
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF CLERK-TYPIST
08.07.2026 5.30 p.m. Mrs. Swapnali Jagtap
Clerk-Typist
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
08.07.2026
Judgment/order signed by P.O on 08.07.2026
Judgment/order uploaded on 08.07.2026
-- 6 of 6 --