Final Order 1

Order Details: Ex-parte Judgement
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MHCC010062392018 Presented on : 05-05-2018
Registered on : 22-03-2019
Decided on : 20-01-2022
Duration : Y M D
03 07 15
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by Sunil U. Hake)
COMMERCIAL SUIT NO.369 OF 2021
(SUMMARY SUIT NO.452 OF 2019)
Ex.15
Bank of Maharashtra,
A Banking corporation constituted under the
Banking Companies (Acquisition and
Transfer of Undertaking) Act V of 1970
having its Head Office at Lokmangal,1501,
Shivajinagar, Pune 411 005 and
a Branch office, amongst others,
at Vikas Apartment, Chamarbaugwala Lane,
Parel East, Mumbai400 012
Through its Chief Manager
Mr Chandrashekhar Gujrathi ..Plaintiff
Versus
Laxman Nandkishor Ray
Age 26 years
Room No.7/A, 1st Floor, Charlie Chawl,
Ram Mandir, Kalina, Santacruz(E),
Mumbai400098 ..Defendant
_________________________________________________________
Ld. Advocate Sachin Joshi for plaintiff.
Defendant Exparte._______________________________________
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JUDGMENT
( 20th day of January, 2022)
Suit is for recovery of an amount of Rs.9,19,098/
along with interest @ 9.25% p.a.
Briefly stated, plaintiff's case, is as under:
2. Plaintiff is a body corporate and carries on business
of banking. Defendant is carrying on business of trading in 'Agro
foods'. On 31/12/2016, defendant filed application for term loan
facility. Plaintiff bank sanctioned term loan facility to the extent
of Rs.9.50 lacs to defendant. Defendant also executed documents
such as Demand Promissory Note for Rs.9.50 lacs and Composite
Deed of Hypothecation dated 31/12/2016. After receipt of the
loan amount, defendant duly executed receipt regarding receipt
of loan amount. Defendant was not regular in repaying the loan
amount. He paid Rs. 94,107/ towards loan amount and an
amount of Rs.9,19,098/ was outstanding against defendant.
Plaintiff send notice through advocate on 27/11/2017. Said
notice was duly served upon defendant. Inspite of service of
notice, defendant failed to pay the loan amount. Hence this suit.
3. As per Service Affidavit (Ex.5), defendant was duly
served with Writ of Summons, but, he failed to tender his
appearance. Therefore, suit proceeded without appearance of
defendant by order dated 22/08/2019.
4. Heard Ld. advocate for plaintiff.
5. Following points arise for determination, findings
thereon for the reasons to follow are as under:
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Sr.No. Points Findings
1. Does the plaintiff prove that an
amount of Rs.8,55,893/ is
outstanding against the
defendant?
Proved
2. What order? Suit is partly decreed as
per final order.
REASONS
Point No.1
6. In order to substantiate the claim, plaintiff bank has
filed claim affidavit of PW1 Jeevan Budhawale Ex.6. Plaintiff
bank also filed on record original documents alongwith list (Ex.7)
such as loan application (Ex.8), Demand Promissory Note (Ex.9),
Composite Deed of hypothecation (Ex.10), Receipt of loan
amount (Ex.11 colly) and Letters of outstanding balance (Ex.12
colly). PW1 Jeevan Budhawale reiterated all the facts pleaded in
the plaint. The documents on record show that plaintiff bank
sanctioned term loan facility to the extent of Rs.9.50 lacs to
defendant.
7. Plaintiff bank has filed additional compilation of
documents alongwith Statement of Account (Ex.13) and
submitted that an amount of Rs. 8,55,893/ is recoverable
against defendant. As per statement of Account (Ex.13), an
amount of Rs.8,55,893/ is outstanding against defendant as on
the date of filing suit.
8. As discussed supra, the defendant failed to appear
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before the Court and therefore the evidence adduced by the
plaintiff bank remain unchallenged. From the plaintiff's evidence,
it is proved that an amount of Rs. 8,55,893/ is outstanding
against the defendant. Therefore, plaintiff is entitled to get
decree for the said amount alongwith interest as prayed for.
9. Plaintiff bank claimed interest at the rate of 9.25%
p.a. The interest claimed by plaintiff is the interest agreed by
defendant. Therefore, plaintiff bank is also entitled to interest at
the rate of 9.25% p.a. from the date of filing suit till it's
realisation. Point No.1 is answered accordingly. In the result,
following order:
ORDER
1. Suit is partly decreed with costs.
2. Defendant shall pay an amount of Rs. 8,55,893/ (Rs.
Eight Lacs, Fifty Five Thousand, Eight Hundred and
Ninety Three only)alongwith interest at the rate of
9.25% p.a. to plaintiff from the date of the suit till it's
realization within two months.
3. Court fees be refunded as per (E) Rules framed under
Section 11(2) of the Bombay City Civil Court Act, 1948,
for the refund of Institution Fee.
4. Decree thus follow.
20/01/2022 SUNIL U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
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Dictated on : 20/01/2022
Transcribed on : 20/01/2022
Signed on : 20/01/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
20/01/22 at 03.20 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order 20/01/22
Judgment and order signed by P.O. 20/01/22
Judgment/order uploaded on 20/01/22
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