Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No.2804of 2019 1
MHCC010036412019
Presented on : 30-03-2019
Registered on : 01-11-2019
Decided on : 05-09-2023
Duration : 4 Yr, 5 M, 6 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2804 OF 2019.
Exh.21.
CANARA BANK. ]
a Body Corporate Constituted under the ]
Banking Companies (Acquisition and Transfer ]
of Undertaking) Act, 1970 having its Head ]
Office at 112, J.C. Road, Bangalore – 560 002 ]
and one of its Branch Office amongst others ]
known as Sakinaka Branch having address ]
at First Floor, Narayan Building, Andheri Kurla ]
Road, Sakinaka, Mumbai – 400 072, in the ]
State of Maharashtra represented by Mr. Dhiraj ]
Kumar ]
Age: 39 Years, Senior Manager, ]....Plaintiff.
Vs.
1. M/s. Sahil Travels ]
(Proprietor Mr. Javed Ayub Balwa) ]
3A/312, Ram Nagar, S.V. Road, ]
Opp. Patkar College, Goregoan West ]
Mumbai – 400 104. ]
2. Mr. Javed Ayub Balwa, Age Not Known,Adult ]
(Proprietor of M/s. Sahil Travels) ]
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Judgment in
Suit No.2804of 2019 2
3A/312, Ram Nagar, S.V. Road, ]
Opp. Patkar College Goregoan West ]
Mumbai – 400 104. ]...Defendants.
Appearance:
Adv. Rajkumar Shulka for plaintiff.
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :05th September, 2023.
ORAL JUDGMENT
(Judgment dictated and pronounced in open Court)
This is suit for recovery of an amount of Rs.2,35,827.30/-
with interest at the rate of 9.70% + penal interest at the rate of 2% p.a.
Brief facts of the case are as under :
2. The plaintiff contends that he is body Corporate
Constituted under the provisions of the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1970. Defendant No. 1 is a
proprietorship firm of which defendant Nos. 2 is the proprietor.
Defendant No.2 had applied the plaintiff to sanction term loan of
Rs.5,96,000/-. Accordingly, the plaintiff-Bank sanctioned loan amount
of Rs.5,96,000/- with interest at the rate of 9.70% p.a with penal
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Judgment in
Suit No.2804of 2019 3
interest at the rate of 2% p.a. to purchase Maruti Dzire car on
21.10.2014.
3. The plaintiff Bank further contends that against the loan,
the defendant executed Certificate of Loan Papers, Letter of Evidencing
Execution of Documents, Letter of Undertaking and Deed of
Hypothecation of said Car and charge in favour of the plaintiff. On
21.07.2017 the defendant executed acknowledgment of debt for an
amount of Rs.3,42,094.30/-
4. The plaintiff specifically contends that the defendant failed
to pay the loan amount. Hence, on 05.03.2019 he issued letter.
However, he failed. Therefore, this suit.
5. Defendant Nos.1 & 2 are duly served with writ of summons
but they failed to appear. Therefore, the suit proceeded exparte against
them as per order dated 20.02.2020.
6. After suit is proceeded exparte, the plaintiff filed affidavit
of evidence of Ninmal Pandey at Exh.7 along with List of Documents at
Exh.8. The plaintiff has filed evidence close pursis vide Exh.20. The
plaintiff has proved the following documents along with Exh. 8 which
are as under :
Sr.No. Particulars Exhibits
1. Copy of Power of Attorney
/Authority Letter
Exh. 9
2. Original Loan Application Exh. 10
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Judgment in
Suit No.2804of 2019 4
3. Original Sanction Memorandum
Dt.21.10.2014
Exh.11
4. Original Certificate of Loan
Papers obtained dt. 27.10.2014
Exh. 12
5. Original Letter Evidencing
Excution of Documents dt.
27.10.2014
Exh. 13
6. Original Particulars of
Vehicles/Machinery/Equipment/
Livestock dated 27.10.2014
Exh. 14
7. Original Deed of Hypothecation
dated 27.10.2014
Exh. 15
8 Original acknowledment of debt
and security dated 21.07.2014
Exh. 16
9. Office copy of Recall Letters and
Postal Receipts dated 05.03.2019
Exh. 17
10. Copy of Statement of Account Exh. 18
11. Particulars of Plaintiff’s Claim
against defendants
Exh.19
6. Considering the facts, evidence and law applicable to the case,
following points arise for determination.:
Sr. No. POINTS FINDINGS
1.
Whether the plaintiff is
entitled to recover an amount
of Rs.2,35,827.30/- at the
rate of 9.70% p.a. plus penal
interest at the rate of 2%
....Partly Yes....
with interest @
9.70%pa.
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.2804of 2019 5
:REASON:
As to point No. 1 to 2.:
7. 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 to discard the case. The affidavit of
evidence at Exh.7 and documents at Exh. 8 filed on record show that
the amount was disbursed by the plaintiff to defendants but they has
failed to pay. Now peculiar question arise, whether the suit of the
plaintiff is within the limitation.
8. The statement of account show that defendants are bound
to pay suit amount on 07.02.2019. The suit is instituted in on
30.03.2019. The defendants acknowledged the loan on 21.07.2017.
Hence, the plaintiff brought on record account of statement. Through
the documents on record it transpires that defendants are bound to pay
suit amount. However, plaintiff has failed to justify its contention that
he is entitled to levy penalty interest at the rate of 2% p.a. on the due.
Moreover, the account of statement at Exh. 18 is silent about the
plaintiff levied penal interest at the rate of 2% p.a. Therefore, the
plaintiff is entitled to recover suit amount with interest at the rate of
9.70 % p.a. Resultantly, point Nos. 1 & 2 are answered in the
affirmative.
9. The suit is proceeded exparte. The suit is going to partially
decreed. Accordingly, the defendants are directed to pay suit amount.
In such circumstances, both parties to bear their costs of the
proceedings. Accordingly, in answer to point No. 3, following order is
passed :
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Judgment in
Suit No.2804of 2019 6
ORDER
1. Suit No. 2804 of 2019 is partly decreed.
2. Defendants are ordered jointly and severally to pay
an amount of Rs.2,35,827.30/- (Rs. Two Lakh, Thirty
Five thousand, Eight Hundred twenty seven only)
with interest at the rate of 9.70% p.a. from the date
of the suit till its realization.
3. Defendants are directed to pay an amount of decree
within two months from the date of this order to
Plaintiff.
4. Both parties to bear their own cost.
5. Decree be drawn up accordingly.
6. Suit No. 2804 of 2019 is disposed off accordingly.
(Dictated and Pronounced in Open Court)
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:04.09.2023 Greater Bombay (CR 59).
Declared on : 04.09.2023
Dictated on : 04.09.2023
Transcribed on : 15.09.2023
Checked on : 18.09.2023
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.09.2023 at 3.40 -p.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 04.09.2023
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Judgment in
Suit No.2804of 2019 7
Order signed by P.O. on 18.09.2023
order uploaded on 20.09.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.08.2023 at 5.30 -p.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 18.07.2023
Order signed by P.O. on 17.08.2023
order uploaded on 21.08.2023
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