Order 1

Order Details: Ex-parte Judgement
Pdf Text: S.C.Suit No. 1039/18. 1 Ex-parte Judgment.
Filed on : 17/03/2018.
Registered on : 09/04/2018.
Decided on : 18/10/2019.
Duration : Year Months Days.
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 1039 OF 2018
(CNR NO. MHCC010037122018)
IDBI Bank Limited,
A company incorporated and registered
under the Indian Companies Act, 1956
[1 of 956] and also a banking company under
section 5(c) of Banking Regulation
Act of 1949 [10 of 1949], having its registered office
at IDBI Tower, WTC Complex, Cuffe Parade,
Mumbai 400 005 and having one of
its branches amongst other places at Indu House,
Veer Savarkar Marg, Prabhadevi 400 025 ...Plaintiffs
Versus
1. M/s. Rita Tours and Travels, Prop: Rita Bag
Having address at Flat No.202, Ritu Fame,
Hatkesh Phase 1, Ritu Paradise,
Nr. Hariya Dream Park, Mira Road East,
Mumbai 401107
2. Ms. Rita Bag, female, adult, Indian Inhabitant,
Having address at Flat No.202, Ritu Fame,
Hatkesh Phase 1, Ritu Paradise,
Nr. Hariya Dream Park, Mira Road East,
Mumbai 401107
3. Mrs. Elvira Sawant, Female, adult, Indian
Inhabitant, Having address at Flat No. 402,
Ritu Fame, Hatkesh Phase 1, Ritu Paradise,
Nr. Hariya Dream Park, Mira Road East,
Mumbai 401107 ...Defendants
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S.C.Suit No. 1039/18. 2 Ex-parte Judgment.
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 18th OCTOBER, 2019.
Ms. Barve, Advocate for Plaintiffs.
None for Defendants.
JUDGMENT
This is a suit for recovery of Rs.5,72,137/ (Rupees Five
Lakhs Seventytwo Thousand One Hundred Thirtyseven Only) with
future interest @ 11.25% p.a.
Plaintiff's case is narrated as follows :
2. Plaintiff is a banking institute. Defendant no.1 deals in the
business of travelling. Defendant no.2 is proprietor of defendant no.1.
Defendant no.3 stood as surety to the loan proposal of defendant no.1.
Defendant no.1 has moved proposal to purchase a car. Defendant no.1
has submitted margin money with automobile company. Upon
completion of required documents, hypothecation agreement and joint
guarantee, plaintiff bank has sanctioned a loan of Rs.6,50,000/ to
purchase a car on 20/10/2015. Accordingly, defendant no.1 has
purchased a car of Hyundai, (model Xcent) bearing Registration No.
MH04GD6313. Plaintiff has issued various overdue amount
intimation to the defendant no.1 as mentioned in Para No.15 to 21 and
27 to 32 of the plaint. It is contention of plaintiff that defendant is
failed for its repayment as agreed. Plaintiff issued a notice on
15/12/2017. However, defendant failed for its repayment. Hence this
suit.
3. In view of roznama dated 18/07/2018, defendants are
failed to appear despite due service of summons. Hence suit is
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S.C.Suit No. 1039/18. 3 Ex-parte Judgment.
proceeded exparte against defendants 1 to 3.
4. Plaintiff has substantiated the claim. PW 1 the Bank
Manager Mr. Subesh Kumar submitted evidence affidavit vide Exh.6
and 6A . In view of testimony of PW 1, relevant documents are marked
from Exh.8 to 34. Plaintiff has closed evidence by pursis vide Exh.35.
5. Perused term loan application vide Exh.8 and sanction
order vide Exh.11. Perused various letters vide Exh.18 to 25 and
demand notice vide Exh.26 and 27. In view of notice of guarantee vide
Exh.31 and 32, it is equal liability of defendant no.3. Plaintiff has
proved its claim.
6. The absence of defendants infer that they admit the suit
claim. The interest @ 9% p.a. appears to be reasonable. Hence the
order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant nos.1 to 3 are jointly and severally directed to
pay to the plaintiff the amount of Rs.5,72,137/ (Rupees
Five Lakhs Seventytwo Thousand One Hundred Thirty
seven Only) with interest @ 9% p.a. from the date of suit
till realization, within three months from the date of
decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 18/10/2019. Mumbai.
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S.C.Suit No. 1039/18. 4 Ex-parte Judgment.
1. Dictated on : 18/10/2019.
2. Transcribed on : 22/10/2019.
3. Signed on : 24/10/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
24/10/2019. 5.34 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 18/10/2019.
Judgment/Order signed by P.O. on 24/10/2019.
Judgment/Order uploaded on 24/10/2019.
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