Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: SUMMARY SUIT NO.596/2018 1
Received on : 19042018
Registered on : 13062018
Decided on : 20082019
Duration : 01Y 04M 02D
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
SUMMARY SUIT NO. 596 OF 2018
(CNR NO.: MHCC010052852018)
State Bank of India
a Banking Corporation constituted under the
provisions of State Bank of India Act,1955
and having its Central Office at Madam Cama
Road, Mumbai400 021 and having one of its
local Head office at Synergy, C6,''G” Block,
Bandra Kurla Complex, Mumbai400 051 and
amongst others, having its office situated at
Small & Medium Enterprises City Credit
Centre (SMECCC) situated at Jasmine Cooperative
Housing Society, Madhusudan
Kalelkar Marg, Kalanagar, Near Gurunanak
Hospital, Bandra(East), Mumbai400 051 in
the State of Maharashtra. ...Plaintiff
Versus
Mr.Gobiram Ajmer Patel, age 57
of Mumbai, Indian Inhabitant, having his
address situated at Jai Bajarang Welfare
Society, Sainath Chawl, Prem Nagar, Teen
Dongri, Goregaon(West), Mumbai400 062
And
At Babu Nandan Yadav Chawl, Siddharth
Nagar, Near Yadav Battery Service, Bandra
(East), Mumbai400 051. ...Defendant
Appearances:
Advocate Mr.Sigh for the Plaintiff.
Defendants Exparte.
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SUMMARY SUIT NO.596/2018 2
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 20TH AUGUST 2019
J U D G M E N T
This is a suit for recovery of Rs.1,50,797/(Rupees One Lac Fifty
Thousand Seven Hundred and Ninety Seven only).
2. Plaintiff case in nut shell is that on 20/04/2013 defendant
requested by application for vehicle loan of Rs.3,30,000/ to purchase
vehicle for transport business. Accordingly, after processing his
application the loan was sanctioned of Rs.3,30,000/. The said loan was
to repay in 60 installments of Rs.7,513/ per month. Defendant failed to
repay the said loan along with interest and is in default of
Rs.1,50,797/(Rupees One Lac Fifty Thousand Seven Hundred and
Ninety Seven only). Hence, this suit.
3. The defendants was served with summons for appearance but he
remained absent therefore, suit is proceeded exparte against him.
4. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether plaintiff proves that
they had given vehicle loan of
Rs.3,30,000/ to defendant?
Yes
2. Whether plaintiff proves that
amount of Rs.1,50,797/(Rupees
One Lac Fifty Thousand Seven
Hundred and Ninety Seven only) is
due and recoverable from
Yes
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SUMMARY SUIT NO.596/2018 3
defendants?
3. Whether plaintiff is entitled for
recovery of Rs.1,50,797/(Rupees
One Lac Fifty Thousand Seven
Hundred and Ninety Seven only)
with interest as claimed?
Yes
4. What order and decree? As per final order
REASONS
AS TO POINT NOS.1 TO 4.
5. Since all points are interlinked they are discussed together. To
prove its case plaintiff examined Shri. Shankar Manohar Chavan , Dy
Manager vide Exh.6 and filed original loan application, sanctioned
letter, loan agreement, letter of arrangement, legal notice and
particulars of claim.
6. Heard Ld.counsel for plaintiff.
7. Affidavit is supported by documentary evidence. The original loan
application, sanctioned letter, loan agreement, letter of arrangement,
legal notice and particulars of claim shows that on 20/04/2013
defendant requested by application for vehicle loan of Rs.3,30,000/ to
purchase vehicle for transport business. Accordingly, after processing
his application the loan was sanctioned of Rs.3,30,000/. The said loan
was to repay in 60 installments of Rs.7,513/ per month. Defendant
failed to repay the said loan along with interest and is in default of
Rs.1,50,797/(Rupees One Lac Fifty Thousand Seven Hundred and
Ninety Seven only). As far as rate of interest is concerned plaintiff has
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SUMMARY SUIT NO.596/2018 4
prayed for interest @ 12.05%p.a. The relationship between plaintiff
and defendant is contractual and the agreement of loan states the rate
of interest to be of 12.05%p.a. such rate of interest can be granted.
Therefore point No.1 to 3 are answered as 'Yes' and following order is
passed.
ORDER
1. Suit is exparte decreed with costs.
2. Defendant do pay to plaintiff amount of Rs.1,50,797/(Rupees
One Lac Fifty Thousand Seven Hundred and Ninety Seven only) with
interest @ 12.05% p.a.with monthly rest from the date of filing of the
suit till full and final realization.
3. Court fee be refunded as per rules.
4. Decree be drawn up accordingly.
(M.S.LONE)
Judge,
Date: 20/08/2019 City Civil Court,Gr. Bombay
Dictated on : 20/08/2019
Transcribed on : 23/08/2019
Signed on : 30/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/08/2019 AT 5.20p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of 20/08/2019
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SUMMARY SUIT NO.596/2018 5
Judgment/Order
Judgment/Order signed by P.O. on 30/08/2019
Judgment/Order uploaded on 31/08/2019
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