Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Suit No.199/2019
MHCC010055582019 Presented on : 06/06/2019
Registered on : 22/11/2019
Decided on : 17/04/2026
Duration : 06 Y : 10 M : 12 D
Exhibit : 25
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
COMMERCIAL SUIT NO.199 OF 2019
UNION BANK OF INDIA
A body corporate constituted under the Banking
Companies (Acquisition & Transfer of
Undertaking) Act, 1970 having its Head Office at
239, Vidhan Bhavan Marg, Nariman Point,
Mumbai - 400 021, and one of its Branch Office
amongst others known as Cotton Green Branch,
Hind Jyoti Building, Gunjal Mansion, Barristar
Nath Pai Marg, Near Cotton Green Railway
Station, Mumbai - 400 033.
Represented by its officer Mr. Inderjeet Kumar.
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Versus
1.
2.
M/s. Shree Tours & Travels,
(Through Proprietor Mr. Navin R. Mhatre
Shree Sai Chatra Co Op Hsg Soc, Room No.2,
Mohan Anand Nagar, Manjarli, Badlapur,
Thane - 421503.
Mr. Navin R Mhatre,
Shree Sai Chatra Co Op Hsg Soc,
Room No.2, Mohan Anand Nagar, Manjarli,
Badlapur, Thane - 421503.
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] ..Defendants
Appearance :-
Ld. Adv. Pooja Sahu for plaintiff.
None for defendants.
(Ex-parte)
CORAM : SACHIN SURYAKANT PATIL, JUDGE
COURT ROOM NO.32.
DATE : 17/04/2026.
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..2.. Commercial Suit No.199/2019
J U D G M E N T
(Delivered on 17/04/2026)
1) This Commercial Summary Suit is filed for recovery of amount
under Commercial Court Act, 2015.
2) The facts in brief are as under -
Defendants obtained term loan of Rs.6,38,000/- for purchase of
vehicle. Defendants had executed Demand Promissory Note, letter of
continuity, general term loan agreement (SD-10), hypothecation of
vehicle agreement of vehicle (SD-10), copy of agreement of rate of
interest in favour of plaintiff after submitting the loan application.
Defendants defaulted in making payment of installment. The account
was declared NPA on 31/08/2017. Plaintiff through its Advocate issued
legal demand notice dated 22/10/2018 on the defendants. Amount of
Rs.5,30,826/- is due from the defendants with interest at the rate of
10.65% p.a.. Defendants did not comply with the notice and repay the
amount. Hence, this suit for recovery of amount.
3) The 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 stated as under :
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..3.. Commercial Suit No.199/2019
SR.
NO.
POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.5,30,826/- with
interest at 10.65% p.a.?
Yes.
2. What order ? ...As per final order.
R E A S O N S
5) The authorised person of plaintiff Mr. Inderjeet Kumar has filed
evidence affidavit vide Exh-20. Plaintiff has relied upon documentary
evidence produced at Exh-P1/1 to Exh-P1/14 colly.
AS TO POINT NOS.1 & 2 :-
6) PW-1 Mr. Inderjeet Kumar has deposed that, defendants obtained
term loan of Rs.6,38,000/- for purchase of vehicle. Defendants had
executed Demand Promissory Note, letter of continuity, general term
loan agreement (SD-10), hypothecation of vehicle agreement of vehicle
(SD-10), copy of agreement of rate of interest in favour of plaintiff
after submitting the loan application. Defendants defaulted in making
payment of installment. The account was declared NPA on
31/08/2017. Plaintiff through its Advocate issued legal demand notice
dated 22/10/2018 on the defendants. Amount of Rs.5,30,826/- is due
from the defendants with interest at the rate of 10.65% p.a..
Defendants did not comply with the notice and repay the amount.
7) On perusal of loan documents produced by the plaintiff at
Exh-P1/1 to Exh-P1/08, it is evident that defendants had obtained
vehicle loan of Rs.6,38,000/- from plaintiff. Defendants have not repaid
the loan as agreed. Defendants have executed Demand Promissory
Note, letter of continuity, general term loan agreement (SD-10),
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..4.. Commercial Suit No.199/2019
hypothecation of vehicle agreement of vehicle (SD-10), copy of
agreement of rate of interest in favour of plaintiff in favour of plaintiff.
As per the evidence of plaintiff, amount of Rs.5,30,826/- is due from
defendants as on the date of suit. On perusal of loan sanction letter it is
evident that defendant has agreed to repay the loan with interest @
10.65% p.a. Defendants have not appeared in the present suit. The suit
has been proceeded ex-parte. Therefore, the case of plaintiff has
remained unchallenged. Hence, while answering point Nos.1 and 2 in
affirmative, I pass the following order :-
ORDER
1. Commercial Suit No.199 of 2019 is decreed with
costs.
2. Defendants shall pay an amount of Rs.5,30,826/-
(Rupees Five Lakhs Thirty Thousand Eight Hundred
Twenty-Six Only) to plaintiff with interest at the rate
of 10.65% 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 : 17/04/2026
Dictated and typed on : 17/04/2026.
Signed by HHJ on : 17/04/2026.
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..5.. Commercial Suit No.199/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mrs. Sonali S. Naik
Name of Stenographer17/04/2026 5.00 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
17/04/2026
JUDGMENT / ORDER signed by
P.O. on
17/04/2026
JUDGMENT / ORDER uploaded on 17/04/2026
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