Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Suit No. 1038 of 2021
MHCC010054802018 Presented on : 23/04/18
Registered on : 04/01/20
Decided on : 23/02/26
Duration : 06 Y : 01 M : 19 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXH-30
COMMERCIAL SUIT NO.1038 OF 2021
Union Bank of India.
Head office at:- 239, Vidhan Bhavan Marg,
Narriman Point, Mumbai- 400 021, and one of its
Branch Office amongst others known as Home
Street Branch, Forbes Building, Charangeet Rai
Marg, Home Street Fort Mumbai- 400 001.
Through it's Chief Manager, Mr. Dixit Ramesh
Damodar, aged 55 yrs.
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Versus
1. M/s. Angha Tours & Travels,
Through Proprietor. Anil Balaram
Merchande, age 48 yrs. at: 2/16, Sarvodaya
Coop. Hsg. So. Ltd New Amrut Nagar,
Khernagar Road, Bandra East, Mumbai- 400
018.
2. Mr. Anil Balaram Merchande, age 48 yrs.
at:- 2/16, Sarvodaya Coop. Hsg. So. Ltd
New Amrut Nagar, Khernagar Road, Bandra
East, Mumbai- 400 018.
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] ..Defendants
Appearance :-
Ld. Adv. Sharadha Mane i/b Manish D. Tiwari & Associates for plaintiff.
None for defendant.
(Ex-parte)
CORAM : SACHIN SURYAKANT PATIL,JUDGE
COURT ROOM NO.32.
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..2.. Commercial Suit No. 1038 of 2021
DATE : 23/02/2026.
J U D G M E N T
1) This Commercial Suit is filed for recovery of amount under
Commercial Court Act, 2015.
The facts in brief are as under -
2) Defendant obtained vehicle loan of Rs.6,40,000/-. He
agreed to repay the loan with interest @ 10.65% P.A. with monthly
installment of Rs.10,667/-. He did not repay the loan as agreed. The
account was declared NPA on 30.09.2017. Amount of Rs.5,59,497/- is
due from the defendant. Demand notice sent to defendant on
12.03.2018. Defendant did not comply with the notice and repay the
loan. Hence, this suit for recovery of amount.
3) The first writ of summons was served upon the defendants.
Defendants did not appear. Hence, matter proceeded ex-parte against
the defendants.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons as under :
SR.
NO.
POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.5,59,497/- with
interest @ 10.35% p.a. ? Yes
2. What order ? ...As per final order.
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..3.. Commercial Suit No. 1038 of 2021
R E A S O N S
5) The authorised person of plaintiff Mr. Vinod Kumar Upadhyay has
filed evidence affidavit vide Exhibit-11. Plaintiff has relied upon
documentary evidence produced at Exh-13 to Exh-25.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Vinod Kumar Upadhyay has deposed that, defendant
obtained vehicle loan of Rs.6,40,000/-. He agreed to repay the loan
with interest @ 10.65% P.A. with monthly installment of Rs.10,667/-.
He did not repay the loan as agreed. The account was declared NPA on
30.09.2017. Amount of Rs.5,59,497/- is due from the defendant.
Demand notice sent to defendant on 12.03.2018. Defendant did not
comply with the notice and repay the loan.
7) On perusal of loan documents produced by the plaintiff at Exh-13
to Exh-25, it is evident that defendant had obtained vehicle loan of
Rs.6,40,000/-. As per the evidence of plaintiff, amount of Rs.5,59,497/-
is due from defendant as on the date of suit. Defendant has not
appeared in the present suit. The suit has been proceeded ex-parte.
Therefore, the case of plaintiff has remained unchallenged. Plaintiff has
produced documents to show that defendant agreed to pay interest @
10.35% p.a. Hence, while answering point Nos.1 and 2 in affirmative, I
pass the following order :-
ORDER
1. Commercial Suit No.1038 of 2021 is decreed with
costs.
2. Defendants shall jointly and severally pay an amount
of Rs.5,59,497/- (Rupees Five Lakh Fifty Nine
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..4.. Commercial Suit No. 1038 of 2021
Thousand Four Hundred Ninety Seven Only) to
plaintiff with interest at the rate of 10.35% p.a. from
the date of suit till its realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.32
Dated :23/02/2026
Dictated and typed on :23/02/2026.
Signed by HHJ on :23/02/2026.
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..5.. Commercial Suit No. 1038 of 2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mahesh S. Lugade
Name of Stenographer24.02.2026 05.00 p.m.
Name of the Judge (With C.R. No.) SACHIN SURYAKANT
PATIL,JUDGE
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
23/02/2026.
JUDGMENT / ORDER signed by
P.O. on
23/02/2026.
JUDGMENT / ORDER uploaded on 24/02/2026.
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