Final Order 1

Order Details: Copy of Judgment
Pdf Text: ..1.. Sum Suit No.1250/2019
MHCC010044002019 Presented on : 16.04.2019
Registered on : 11.12.2019
Decided on : 21.07.2026
Duration : 07 Y : 03 M : 05 D
Exhibit : 24
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
SUMMARY SUIT NO.1250 OF 2019
CORPORATION BANK
UNION BANK OF INDIA (E-CORPORATION BANK)
A body corporate constituted under provisions of
the Banking Companies (Acquisition & Transfer of
Undertakings) Act, 1980, having its Zonal Office at
28, Mittal Chambers, 2nd Floor, Nariman Point,
Mumbai – 400021, and a Branch Office amongst
others at Corporation Bank, Shivaji Park Branch at
127, Manmala Tank Road, Talkalwadi, Barkha
Cinema, Opp. Star City Cinema, Mahim (W),
Mumbai – 400 016, represented through its Chief
Manager Mr. Manpreet Singh, Age 36 years.
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...Plaintiff
Versus
Ranjana Y Sawardekar,
Age : 41 years, Occ. Business,
having address at Central Railway Colony, Building
No.253/12, Dr. Babasaheb Ambedkar Road, Parel,
Mumbai – 400 012.
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] ...Defendant.
Appearances :-
Ld. Adv. Jayawant Palande h/f. Adv. V. B. Tiwari for plaintiff.
None for defendant.
(Ex-parte)
CORAM : HHJ P. B. LOKHANDE (C.R.No.82)
DATE : 21/07/2026
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J U D G M E N T
This summary suit is filed for recovery of amount vide
Order XXXVII of Code of Civil Procedure, 1908.
The facts in brief are as under :-
2. The plaintiff is a body corporate constituted under the
Banking Companies (Acquisition & Transfer of Undertakings) Act, 1980
Having its Zonal office at 28, Mittal Chambers, 2nd Floor, Nariman
Point, Mumbai – 400021, Maharashtra and Branch Office amongst
others at Corporation Bank, Shivaji Park Branch at 127, Manmala Tank
Road, Talkalwadi, Barkha Cinema, Opp. Star City Cinema, Mahim (W),
Mumbai – 400 016. The suit is filed through Chief Manager
Mr. Manpreet Singh.
3. It is stated that defendant Ms. Ranjana Sawardekar,
approached the plaintiff bank for NCGCC loan of Rs.40,000/-. The
plaintiff bank sanctioned loan of Rs.40,000/- on 21.04.2016 at the rate
of interest 9.65% p.a. RLLR with monthly rest as agreed by the
defendant. The plaintiff bank and defendant complied all the
documentary formalities. The defendant defaulted the loan EMI. The
plaintiff bank filed the suit claiming the aggregate loan amount due
towards the defendant of Rs.39,812/- as on 15.04.2019 shown in the
loan statement, with further interest at the rate of 9.65% p.a.
Thereafter, the plaintiff bank as per legal notice dated 30.03.2019
claiming of Rs.39,332/- as on 30.03.2019. The notice was served to
defendant, she failed to make the payment. However, the plaintiff bank
claiming decree against the defendant by way of restricting their claim
of Rs.39,812/- along-with further interest at the rate of 9.65% p.a. in
this suit.
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4. The writ of summons was served upon the defendant, she
failed to appear. Hence, my Ld. Predecessor passed ex-parte order on
30.06.2025.
5. Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I record findings with
reasons thereon as under :
Sr. No. POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.39,812/- with
further interest on claim amount at the
rate of 9.65% p.a.?
...In the Affirmative
2. What order ? ...As per final order.
R E A S O N S
6. The plaintiff has filed evidence affidavit at Exh.12 and list
of document at Exh.13, Loan Application at Exh.14, Sanction Letter at
Exh.15, Promissory Note at Exh.16, Delivery Letter at Exh.17, Letter of
Understanding at Exh.18, Common Deed of Hypothecation at Exh.19,
Legal notice at Exh.20, Statement of account at Exh.21, Certificate u/s.
2a(A) of Banker’s Book of Evidence Act, 1891 at Exh.22 and evidence
closed pursis at Exh.23.
AS TO POINT NOS.1 & 2 :-
7. The plaintiff authorized person Mr. Manpreet Singh, Chief
Manager, reiterated the contents of plaint in claim affidavit at Exh.12.
It is contended that the plaintiff is a body corporate constituted under
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the Banking Companies (Acquisition & Transfer of Undertakings) Act,
1980 Having its Zonal office at 28, Mittal Chambers, 2nd Floor, Nariman
Point, Mumbai – 400021, Maharashtra and Branch Office amongst
others at Corporation Bank, Shivaji Park Branch at 127, Manmala Tank
Road, Talkalwadi, Barkha Cinema, Opp. Star City Cinema, Mahim (W),
Mumbai – 400 016. She is Authorized person deposing for the bank
(Exh.12). The defendant Ms. Ranjana Sawardekar approached the
plaintiff bank for grant of NCGCC loan vide application dated
21.04.2016 (Exh.14). The plaintiff bank sanctioned loan of Rs.40,000/-
on 21.04.2016 at the rate of interest 9.65% p.a.(Exh.15) with monthly
rest.
8. It is further contended that, the defendant executed
promissory note (Exh.16), delivery letter (Exh.17), declaration
(Exh.18), Hypothecation Deed (Exh.19). The defendant defaulted the
loan EMI. The plaintiff bank filed the suit claiming the aggregate loan
amount due towards the defendant of Rs.39,812/- shown in the loan
statement, with further interest at the rate of 9.65% p.a. from
15.04.2019. Thereafter, the plaintiff bank as per legal notice dated
30.03.2019 claiming of Rs.39,332/-. She failed to make the payment.
The Statement of account is filed (Exh.21) and Certificate under
Banker’s Book Evidence Act (Exh.22).
9. Admittedly, the plaintiff bank evidence has gone
unchallenged, the plaintiff bank in support of claim substantiate with
the documentary evidence as above. Therefore, in my view, the claim
of plaintiff bank deserves to be allowed along-with interest at the rate
of 9.65% p.a. as agreed upon. Accordingly, I answer point No.1 in the
Affirmative and as to findings of point No.2, I proceed to pass the
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following order:-
ORDER
1. Summary Suit No.1250 of 2019 is decreed with costs.
2. Defendant shall pay to the plaintiff bank the amount
of Rs.39,812/-(Rupees Six Lakh Seventy Two
Thousand Six Hundred Sixty Two Only) along-with
interest @ 9.65% p.a. from 11.12.2019 till realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
(P. B. Lokhande)
Adhoc Judge,
City Civil & Sessions Court,
Mazgaon, Mumbai,
Court No.82
Dated : 21/07/2026
Dictated and typed on : 21/07/2026.
Signed by HHJ on : 21/07/2026.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Manisha Srinath
Name of Stenographer21/07/2026 At 01:50 p.m.
Name of the Judge (With C.R. No.) HHJ Pramod B. Lokhande
(COURT ROOM NO.82)
Date of Pronouncement of
JUDGMENT / ORDER
21/07/2026
JUDGMENT / ORDER signed by
P.O. on
21/07/2026
JUDGMENT / ORDER uploaded on 21/07/2026
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