Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: 1
Presented on :04/05/2018
Decided on :02/03/2020
Durationon :01Ys.09Ms.27Ds.
CNR No.MHCC01-006130-2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C.SUIT NO.1627 OF 2018
IN
COMMERCIAL SUIT NO.164 OF 2020
Canara Bank, a Banking Company
constituted and functioning under the
provisions of the Banking Companies
(Acquisition and Transfer of Undertakings
Act,1970, having their Central office at
Bengaluru, Karnataka State and a Branch
Office at Dockyard Road, Mazgaon,
Mumbai-400 010
The suit is filed by Mr.Munna Khalkho
Manager & Power of attorney Holder ...Plaintiff
V/s
1. Mr.RAMAKANT KATE
PROP OF M/S.SHREE SADGURU
KRUPA TOURS & TRAVESL
address at Room No.4203, Mahalaxmi
Nagar, Tekdi, Near jai Bhavani Store
Ambernath(E),Thane.
2. MAHADEV SHELAR
208, Gandhi Nagar CHS
Eksar Dongri,Borivali(W),
Mumbai-400 092 ....Defendants
APPEARANCE:-
Advocate Jyotsna Putran for plaintiff.
None for defendant absent.
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CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 02nd March, 2020
EXPARTE JUDGMENT
This is the suit for recovery of Rs.8,52,107.74/-alongwith
interest.
2. This is the suit for recovery of amount of Rs.8,52,107.74/-
alongwith interest at the rate of 9.7% p.a. The plaintiffs are a
Body Corporate. The plaintiffs are carrying on the business inter
alia as Bankers. The suit transaction pertains to and arise out of
vehicle loan. The defendant on or around 03/06/2015 requested
the plaintiff for the vehicle loan. The defendant executed various
loan documents.
a) Letter of undertaking dated 9/6/2015 duly signed by the
defendant.
b) Deed of Hypothecation Re-vehicle dated 9/6/2015.
The defendants have become irregular in repayment of loan despite
repeated demands made by the plaintiffs and defendant has failed
to regularize their account. In view of the irregularities of the
accounts, the plaintiffs by their advocate notice dated 20/4/2018.
The defendant has hypothecated the vehicle an execugted
hypothecation agreement in favour of the plaintiff. Therefore, they
have seized the vehicle. The defendants had availed the loan
facility from the plaintiffs, and not repaid the loan amount.
Therefore, the suit.
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3. Writ of summons was issued to the defendants. The service
affidavit is also on record. Inspite of the same, defendant did not
appear in the matter and did not contest the suit. Therefore, the
suit is proceeded exparte against defendant. Affidavit of evidence
(Exh-4), List of documents (Exh-5), Power of attorney holder dated
24/4/2018 (Exh-7), Application form dated 3/6/2015 (Exh-8), Loan
application and Interview Cum Appraisal form for transport
operators dated 9/6/2015 (Exh-9), Letter of defendant dated
3/6/2015 (Exh-10), Sanction letter dated 10/6/2015 (Exh-11), Letter
of undertaking dated 9/6/2015 (Exh-12), Deed of Hypothecation
Revehicle dated 9/6/2015 (Exh-13), Plaintiffs advocate notice dated
20/4/2018 (Exh-14), Postal receipt (Exh-15), RC copy (Exh-16),
Invoice of the dealer dated 16/5/2015 (Exh-17), Statement of
account (Exh-18), I.T.Certificate(Exh-19), Evidence closed pursis
(Exh-20).
4. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is
proceeded exparte against defendants. No rebuttal evidence is
brought on record by the defendants to disbelieve the version of
the plaintiff to hold that the amount which is claimed is due and
payable to the plaintiff by the defendants with interest.
5. Hence, I pass following order.
ORDER
1) Suit is decreed with costs.
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2) Defendants do pay jointly and severally principal amount of
Rs.8,52,107.74/-with interest @9.7% p.a. to the plaintiff till
realization of entire amount within three months.
3) Necessary Court fee stamp be refunded to the plaintiff if rule
permits.
4) Decree be drawn up accordingly.
Date:-02/03/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Direct Dictated on :- 02/03/2020
H.H.J.Signed on :- 02/03/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/03/2020 at 5.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R.NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
02/03/2020
JUDGMENT/ORDER signed by P.O. on 02/03/2020
JUDGMENT/ORDER uploaded on 02/03/2020
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