Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Lodged on : 02/04/2018
Registered on : 18/06/2018
Decided on: 17/02/2020
Duration : 01:Y 08:M 00: D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
COMMERCIAL SUIT NO.223 OF 2020
(CNR NO.MHCC01-004340-2018)
Bank of India, a body corporate, )
Constituted under the Banking Companies )
(Acquisition and Transfer of Undertakings )
Act-1970, having their Head Office at Star )
House, Plot No.C/5, ‘G’ Block, Bandra Kurla )
Complex, Bandra(E), Mumbai-400 051, and )
one of its Branch Office amongst others known )
as Gandhi Market Branch situated at )
Plot No.18-19/290-A, Anand Nagar, Flank Road, )
Mumbai-400 037, through its Power of Attorney )
Holder Mr.Harikumar S., age 43 yrs. , )
Senior Manager (Law) of the plaintiff )...Plaintiff.
Versus
1. Shri Mahalaxmi Tours and Travels )
A Proprietorship concern having address )
at Shree Swami Datta Chawl, B-6, )
Near Omkargiri Chawl, Shantaram Nagar, )
Vitawa, Thane-400 605. )
2. Mr.Nitin Vittal Bhaigade )
Proprietor of Shree Mahalaxmi Tours & Travels )
Adult, Indian Inhabitant having address at )
-- 1 of 7 --
2
Shree Swami Datta Chawl, B-6, )
Near Omkargiri Chawl, Shantgram Nagar, )
Vitawa, Thane-400 605. )...Defendants.
Appearance:-
Ld.Advocate Mr. Anant B.Shinde for plaintiff.
Defendants absent.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :17/02/2020(C.R.No.31)
JUDGMENT
This is a suit filed by the plaintiff Bank for recovery of amount
of Rs.6,96,106.36ps. (Rupees Six Lakhs Ninety Six Thousand One
Hundred Six and Thirty Six Paise Only) against the defendants.
Brief facts of the plaintiffs case are as under:-
2. The defendants applied to the plaintiff for loan of Rs.7.85 Lakhs
( Rupees Seven Lakhs Eighty Five Thousand Only) for purchase of Four
Wheeler (Car) Chevrolet Enjoy under SRTO Loan Scheme. The plaintiff
bank sanctioned and granted loan of Rs.7.85 Lakhs (Rupees Seven
Lakhs Eighty Five Thousand Only) dated 22/12/2015. The defendants
executed concerned documents which are mentioned in the plaint of
para no.4 in favour of the plaintiff bank. The said car has been
registered with the Regional Transport Office under Registration No.
MH-04-GD-6299.
3. The plaintiff bank had requested the defendants to pay the
outstanding amount under the said loan on various dates. The
defendants failed to pay accrued interest and equated monthly
installments in the loan account which resulted in the account classified
-- 2 of 7 --
3
as Non Performing Asset(NPA) on 31.12.2016. The plaintiff bank issued
notice to the defendants through their advocate dated 11/10/2017. The
defendants were agreed to pay Rs.7,85,000/- with interest @ 12.20%
p.a. with monthly rest.
4. The plaintiff bank has further submitted that the plaintiff has
maintained account in respect of said SRTO Loan in its usual course of
business and as per Statement of Accounts a sum of Rs.6,96,106.36 is
due and payable by the defendants to the plaintiff under the said loan
with interest at the rate of 2.50% p.a. above base rate and present base
rate is 9.45%p.a.( i.e. presently 11.95% p.a.).Hence, the plaintiffs bank
filed the present suit for recovery of total amount of Rs.6,96,106.36
together with further interest thereon @ 11.95% p.a. with monthly rest
plus 2% penal interest from the date of filing of the suit till the date of
payment or realization.
5. Suit summons is duly served on the defendants. Despite of service
of summons, the defendants failed to appear before the Court.
Therefore, on 14/10/2019, exparte order passed against the
defendants.
6. Heard Ld.advocate Mr. Anant B.Shinde for the plaintiffs bank. In
view of the pleadings of the plaintiffs, following points arise for my
determination. I have recorded, my findings alongwith reasons are as
follows.
Sr.Nos. Points Findings
1 Whether the plaintiff bank prove that
plaintiff bank had sanctioned loan of Rs.
Rs.7,85,000/- to the defendants on
22/12/2015 ?
-yes-
-- 3 of 7 --
4
2 Whether plaintiff bank is entitled to
recover total amount of Rs.6,96,106.36
together with further interest thereon @
11.95% p.a. with monthly rest plus 2%
penal interest from the defendants ?
Yes. Plaintiff bank
is entitled to Rs.
Rs.6,96,106.36
together with
further interest
thereon @ 11.95%
p.a. only.
3 What order and decree ? As per final order
7. In order to prove case of the plaintiff bank, the plaintiff bank has
examined Dilip Bholaji Umredkar, Senior Manager of the plaintiffs as
P.W.1 by way of evidence affidavit at Exhibit-8. The plaintiff bank has
produced documentary evidence under list of documents at Exhibit 9.
The plaintiff oral as well as documentary evidence gone unchallenged.
As to point nos. 1 and 2:-
8. On scrutiny of the testimony of the P.W.1-Dilip Bholaji Umredkar,
at Exhibit-8, it appears that the evidence affidavit of the P.W.1 is nothing
but it is reproduction of the contents of the plaint. In the evidence of
P.W.1, he has stated that the defendants applied to the plaintiff for loan
of Rs.7.85 Lakhs ( Rupees Seven Lakhs Eighty Five Thousand Only) for
purchase of Four Wheeler (Car) Chevrolet Enjoy under SRTO Loan
Scheme. The plaintiff bank sanctioned and granted loan of Rs.7.85
Lakhs (Rupees Seven Lakhs Eighty Five Thousand Only) dated
22/12/2015. The defendants executed concerned documents which are
mentioned in the plaint of para no.4 in favour of the plaintiff bank. The
said car has been registered with the Regional Transport Office under
Registration No. MH-04-GD-6299. The plaintiff bank had requested the
defendants to pay the outstanding amount under the said loan on
various dates. The defendants failed to pay accrued interest and
equated monthly installments in the loan account which resulted in the
-- 4 of 7 --
5
account classified as Non Performing Asset(NPA) on 31.12.2016. The
plaintiff bank issued notice to the defendants through their advocate
dated 11/10/2017. The defendants were agreed to pay Rs.7,85,000/-
with interest @ 12.20% p.a. with monthly rest. The P.W.1 has further
submitted that the plaintiff has maintained account in respect of said
SRTO Loan in its usual course of business and as per Statement of
Accounts a sum of Rs.6,96,106.36 is due and payable by the defendants
to the plaintiff under the said loan with interest at the rate of 2.50%
p.a. above base rate and present base rate is 9.45%p.a.( i.e. presently
11.95% p.a.).Hence, the plaintiffs bank filed the present suit for
recovery of total amount of Rs.6,96,106.36 together with further
interest thereon @ 11.95% p.a. with monthly rest plus 2% penal
interest from the date of filing of the suit till the date of payment or
realization.
9. Inspite of oral evidence of the plaintiff bank, the plaintiff bank
has produced documentary evidence under list of documents at Exhibit-
9. They are as Letter of Authority dated 21/01/2020 at Exhibit-10,
Letter of Sanction dated 22/12/2015 at Exhibit-11, Demand Promissory
Note for Rs.7.85 Lacs dated 22/12/2015 at Exhibit-12, Bearer Letter
dated 22/12/2015 at Exhibit-13, Non-Relationship Declaration dated
22/12/2015 at Exhibit-14, Hypothecation cum Loan Agreement dated
22/12/2015 at Exhibit-15, Composite Agreement dated 22/12/2015 at
Exhibit-16, Certificate of Registration dated 07/01/2016 at Exhibit-17,
Plaintiff Advocate’s Legal Notice dated 11/10/2017 alongwith returned
envelopes at Exhibit-18 and Statement of Accounts along with
certificates at Exhibit-19.
10. It is pertinent to note that oral as well as documentary evidence
-- 5 of 7 --
6
of the plaintiff bank has gone unchallenged. Therefore, I am of the
opinion that the plaintiff bank has proved that they had sanctioned
loan of Rs.7.85,000/- (Rupees Seven Lakhs Eighty Five Thousand Only)
dated 22/12/2015 with further interest thereon @ 11.95% p.a. from
the date of filing of the suit till the date of payment or realization from
the defendants. Therefore, I have answered point nos.1 and 2 in
affirmative. Hence, I proceed to pass following order.
ORDER
1. The suit of the plaintiff is hereby decreed with costs.
2. The defendants shall jointly and severally pay total amount of
Rs.6,96,106.36( Rupees Six Lacs Ninety Six Thousand One
Hundred and Six and Paise Thirty Six only) together with further
interest thereon @ 11.95% p.a. from the date of filing of the suit
till its realization.
3. Decree be drawn up accordingly.
Date : 17/02/2020
(R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 17/02/2020
Transcribed on: 18/02/2020
Signed by HHJ: 24/02/2020
-- 6 of 7 --
7
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/02/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
17/02/2020
Judgment/order signed by P.O on 24/02/2020
Judgment/order uploaded on 24/02/2020
-- 7 of 7 --