Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 147/2019. 1 Ex-parte Judgment.
MHCC010049622019
Presented on : 04-05-2019
Registered on : 23-10-2019
Decided on : 01-02-2021
Duration : 1 years, 8 months, 28 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 147 OF 2019
Exh.14.
(Dena Bank, a body corporate constituted )
Under the Banking Companies (Acquisition )
& Transfer of Undertakings) Act, 1970, )
having its Corporate Office at Dena ) (Deleted and
Corporate Center, C10, GBlock, Bandra ) substituted plaintiff
(E), Mumbai 400 051 and its Branch office ) bank name as per
amongst at Tardeo Branch, Everest 811A, ) order dated
2nd Floor, Tardeo Road Mumbai – 400 034 ) 09/01/2020)
Rahul Prakash Modak through its Branch )
Manager) )
Bank Of Baroda, a body corporate )
constituted Under the Banking Companies )
(Acquisition & Transfer of Undertakings) )
Act, 1970, having its Head Office at )
Baroda Bhavan, R.C.Dutt Road, )
Alkapuri, Baroda – 390007, (Gujarat) )
and corporate Office at Baroda Corporate )
Center, GBlock, Bandra Kurla Complex, )
Bandra (E), Mumbai – 400 051, and its )
Branch office amongst at Tardeo Branch, )
Everest 811A, 2 nd Floor, Tardeo Road, )
Mumbai – 400 034 )...Plaintiffs
Versus
1. M/s. Malhar Tours and Travels, )
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Comm.Suit No. 147/2019. 2 Ex-parte Judgment.
carrying on business at 48 Tenaments, )
A/16, Dharati Galli, Parel, )
Mumbai – 400 012 )
2. Shri Sanket K. Naik, (Age not known) )
Prop. of Malhar Tours and Travels, )
Indian Inhabitant of Mumbai, carrying on )
business at 48 Tenaments, A/16, Dharati )
Galli, Parel, Mumbai – 400 012 )...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 1st FEBRUARY, 2021.
Ms. Karuna Adangale, Advocate for Plaintiffs.
None for Defendants. (Exparte).
EXPARTE JUDGMENT
This is a suit for recovery of Rs.4,61,361/ (Rupees Four
Lakhs Sixtyone Thousand Three Hundred Sixtyone Only) with interest
at the rate of 10.35% p.a. This is a suit for recovery of vehicle loan
based on demand promissory note and account extract.
2. Plaintiff is a banking institute. Defendant no.2 is a
proprietor of defendant no.1 travel agency. At the request of the
defendants, for purchasing vehicle, the plaintiff bank has sanctioned the
vehicle loan of Rs.6,00,000/ (Rupees Six Lakhs Only) on 28/09/2016.
Defendant has executed Demand Promissory Note and hypothecation
documents. Defendant has purchased the vehicle TPermit Dzire Tours
bearing No. MH01CR0368. Defendants are failed to repay the loan as
agreed. Despite repeated demand and a notice in writing, defendants
are failed to repay the loan. Hence, the suit.
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Comm.Suit No. 147/2019. 3 Ex-parte Judgment.
3. Suit summons is duly served on defendants vide Exh.2.
Defendants are failed to appear. Hence, the suit is proceeded exparte
against the defendants.
4. PW 1 Manish Singh Thakur submitted claim affidavit vide
Exh.3. It is supported with various relevant documents. Various
documents alongwith list vide Exh.4 are marked from Exh.6 to 12.
Defendant has executed the Demand Promissory Note dated
01/12/2016 vide Exh.7 and Agreement of Hypothecation dated
01/12/2016 vide Exh.8. Defendant also executed Letter of General
Lien vide Exh.9. Plaintiff bank has issued a legal notice dated
16/03/2019 vide Exh.10. Perused account statement vide Exh.11.
5. Despite repeated demand and legal notice, there is no
repayment of loan. Defendants are failed to appear despite due service
of summons, it infer that defendants admit the suit claim. In result, suit
deserves to be decreed with cost.
6. Interest claimed by the plaintiff bank at the rate of 10.35%
p.a. appears to be reasonable. Hence, the order :
ORDER
1. Suit is decreed with cost.
2. Defendants No.1 and 2 shall, jointly and severally, pay an
amount of Rs.4,61,361/ (Rupees Four Lakhs Sixtyone
Thousand Three Hundred Sixtyone Only) w ith interest @
10.35% p.a. from the date of suit till realization, within two
months from the date of decree.
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Comm.Suit No. 147/2019. 4 Ex-parte Judgment.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 01/02/2021. Mumbai.
1. Dictated on : 01/02/2021.
2. Transcribed on : 02/02/2021.
3. Signed on : 03/02/2021.
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
06/02/2021. 3.31 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 01/02/2021.
Judgment/Order signed by P.O. on 03/02/2021.
Judgment/Order uploaded on 06/02/2021.
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