Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: S.C.Suit No. 2460/18. 1 Ex-parte Judgment.
Lodging date : 03.05.2018
Registered on : 10.09.2018
Decided on : 23.11.2019
Duration : 01 Year 02 Months 13 Days.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 2460 OF 2018
(CNR NO. MHCC010060052018)
CANARA BANK, a body corporate
Constituted under the Banking Companies
(Acquisition & Transfer of Undertaking) Act,
1970 having ist Head Office at 112, J.C. Road,
Bangalore – 560 002, and one of its
Branch Office amongst others known as
Mumbai Girgaum SSB Branch,
Mumbai – 400004
in the State of Maharashtra, represented by
Mr. Hemant Kumar, Age 51 years
Manager ...Plaintiff
Versus
1. Alaksraj Murugan Nadar,
Room No.241, Shiv Shakti
Nagar, Municipal Chawl No. 10,
Kala Killa Khamb, Opp. Police
Station, Dharavi Cross Road,
Mumbai 400017
2. Rufus Joseph
B wing – 202, 2nd Floor,
Gajanan Colony, Near
Shastri Nagar, Dharavi,
Mumbai – 400017 ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI U.J. MORE
(C.R.NO.31).
DATE : 23rd NOVEMBER, 2019.
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S.C.Suit No. 2460/18. 2 Ex-parte Judgment.
Mrs. Shardha Agrawal, Advocate for Plaintiff.
None for Defendants.
JUDGMENT
This is a suit for recovery of Rs.2,24,980 (Rupees Two
Lakhs Twenty Four Thousand Nine Hundred and Eighty Only) with
future interest @ 16.20% p.a.
2. Plaintiff's case is narrated as follows :
Plaintiff is a banking institute. At the request of defendant
no.1 and 2 a Personal Loan of Rs.1,72,000/ (Rupees One Lakh Seventy
Two Thousand Only) was sanctioned and disbursed to the defendant
no.1 and 2 on 17/09/2014. Defendant no.1 and 2 has executed all
required documents in favour of plaintiff. Defendant no.2 stood as Co
Applicant to the loan amount. In view of account extract maintained by
plaintiff, a loan of Rs.2,24,980 (Rupees Two Lakhs Twenty Four
Thousand Nine Hundred and Eighty Only) is due towards defendants.
Despite demand and a legal notice dated 17/03/2018, defendants are
failed to repayment. Hence this suit.
3. In view of roznama dated 07/08/2018, summons is duly
served on defendants. They failed to appear. Hence suit is proceeded
exparte against defendants.
4. PW 1 Ankit Kumar Yadav, Manager of plaintiff bank has
supported the plaint with evidence affidavit vide Exh.6. In view of
statement of PW 1, the relevant documents are marked vide Exh.08 to
16. Plaintiff issued the notice vide Exh.14 by RPAD to the defendants.
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S.C.Suit No. 2460/18. 3 Ex-parte Judgment.
5. It is to note that defendants are failed to reply the legal
notices issued by the plaintiff. On perusal of account statement, the
vehicle loan was sanctioned and disbursed to defendant and the amount
mentioned in plaint is due towards defendants. In the result, it
deserves to decree the suit. Hence the order :
ORDER
1. Suit is decreed with cost.
2. Defendant nos. 1 and 2 are jointly and severally directed to
pay the amount of Rs.2,24,980 (Rupees Two Lakhs Twenty
Four Thousand Nine Hundred and Eighty Only) with
further interest @ 12% p.a. from the date of suit till
realization, within three months from the date of decree.
3. Decree shall be drawn accordingly.
(U.J.MORE)
AdHoc Judge,
City Civil & Sessions Court,
Date : 23/11/2019. Mumbai.
1. Dictated on : 23.11.2019
2. Transcribed on : 23.11.2019
3. Signed on : 23.11.2019
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S.C.Suit No. 2460/18. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/11/2019. 5.00 p.m. Mr. G.R.Suryawanshi
Name of the Judge (with Court Room no.) HHJ Shri. U.J.More
(Court Room No.31).
Date of Pronouncement of Judgment/Order 23/11/2019.
Judgment/Order signed by P.O. on 23/11/2019.
Judgment/Order uploaded on 25/11/2019.
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