Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 82/19. 1 Ex-parte Judgment.
MHCC010055412019
Presented on : 04-06-2019
Registered on : 16-08-2019
Decided on : 24-02-2021
Duration : 1 years, 8 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 82 OF 2019
Exh.18.
(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, C-10, G-Block, Bandra ) substituted plaintiff
(E), Mumbai 400 051 and its Branch office ) bank name as per
amongst at Tardeo Branch, Everest 8-11A, ) order dated
2nd Floor, Tardeo Road Mumbai – 400 034 ) 27/01/2020)
Rahul Prakash Modak through its Branch )
Manager, Age 38) )
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, G-Block, Bandra-Kurla Complex, )
Bandra (E), Mumbai – 400 051, and its )
Branch office amongst at Tardeo Branch, )
Everest 8-11A, 2nd Floor, Tardeo Road, )
Mumbai – 400 034 )...Plaintiffs
Versus
Shri Santosh Harishchandra Shivgan, )
(Age not known) )
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Comm.Suit No. 82/19. 2 Ex-parte Judgment.
Indian Inhabitant of Mumbai residing at 2/1, )
Akhil Bharat Bhawan, Boman Beheram Road, )
Tardeo, Mumbai – 400 034 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 24th FEBRUARY, 2021.
Ms. Karuna Adangle, Advocate for Plaintiff.
None for Defendant. (Ex-parte).
JUDGMENT (EX-PARTE)
This is a suit for recovery of Rs.3,27,530.89 (Rupees Three
Lakhs Twenty-seven Thousand Five Hundred Thirty and Paise Eighty-
nine Only) with interest at the rate of 10.30% p.a.
Plaintiff’s case is narrated as follows :
2. Plaintiff is a banking institute. Defendant has availed a
vehicle loan from plaintiff bank. At the request of defendant and after
completion of all formalities, the loan of Rs.4,57,000/- (Rupees Four
Lakhs Fifty-seven Thousand Only) came to be sanctioned and disbursed
on 05/12/2016. Defendant has purchased a new vehicle i.e. T-Permit
BITZ. Defendant has executed the agreement of hypothecation, general
letter of lien etc. It was agreed to repay the loan in E.M.I. Defendant
has defaulted the payment. Hence, plaintiff bank has issued a notice
through advocate dated 19/03/2019. Despite repeated demand and
legal notice, defendant is failed to repay the loan. Hence, this suit.
3. Summons is duly served on defendant by RPAD vide Exh.5.
Defendant is failed to appear. Hence, suit is proceeded ex-parte.
4. In support to the plaint, plaintiff has examined one witness
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Comm.Suit No. 82/19. 3 Ex-parte Judgment.
and closed the evidence by pursis vide Exh.17.
5. PW 1 Manish Thakur, Branch Manager of the plaintiff bank
testified before the Court vide Exh.7. In view of testimony of PW 1,
documents annexed with Exh.8 are marked from Exh.9 to 16. There is
no reply given by the defendant to the notice issued by the plaintiff
through lawyer vide Exh.13. The copy of sanction letter is at Exh.9,
original promissory note is at Exh.10. Perused documents of
hypothecation agreement and letter of lien vide Exh.11 and 12. In view
of statement of accounts vide Exh.14, it is supported the claim of
plaintiff bank.
6. Absence of defendant despite service of notice infers that
he admits the suit claim. Hence, it deserves to be decreed. Hence, the
order :
- ORDER -
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.3,27,530/- (Rupees
Three Lakhs Twenty-seven Thousand Five Hundred Thirty
Only) with interest @ 10.30% p.a. from the date of suit till
realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 24/02/2021. Mumbai.
1. Dictated on : 24/02/2021.
2. Transcribed on : 25/02/2021.
3. Signed on : 26/02/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 82/19. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
26/02/2021. 3.25 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 24/02/2021.
Judgment/Order signed by P.O. on 26/02/2021.
Judgment/Order uploaded on 26/02/2021.
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