Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.230.2019.
MHCC010063172019
Presented on : 24.06.2019
Registered on : 28.11.2019
Decided on : 17.02.2022
Duration : Y2, M2, D20
IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI
COMMERCIAL SUIT NO. 230 OF 2019
CANARA BANK, a body corporate ]
Constituted under the Banking Companies ]
(Acquisition & Transfer of Undertakings) Act,1970 ]
having its Head Office at 112, J.C. Road. ]
Bangalore 560 002,, and one of its Branch Office ]
amongst others known as Naigaum Dadar Branch ]
having address at Gr Gloor, Dr. D. B. Kulkarni Vidyalay ]
Lok Seva Sangh, Mahatma Jyotiba Phule Road, ]
Naigaum, Dadar (East), ]
Mumbai 400014, in the State of Maharashtra ]
represented by Mr. Maneesh Kumar ]
Age : 29 years, Manager ].....Plaintiff
Vs.
1. M/s Samreen Tours and Travels ]
(Proprietor Mr. Imran Abdul Aziz Qureshi) ]
R/O Zubeda Park, C1/403, Talao Pali Road, ]
Kausa Mumbra, Thane 400 612 ]
2. Mr. Imran Abdul Aziz Qureshi ]
(Proprietor of M/s Samreen Tours and Travels ]
AgeNot Known, Adult, Occupation Taxi Driver ]
R/O Zubeda Park, C1/403, Talao Pali Road, ]
Kausa Mumbra, Thane 400 612 ].....Defendants
-- 1 of 5 --
2 Comm.SU No.2302019
APPEARANCE:
Adv. Rajkumar K. Shukla for the plaintiff.
Defendants – Exparte
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 17th February, 2022.
EXPARTE JUDGMENT
This is suit under Section 2(i)(c) of the Commercial Courts
Act, 2015, for recovery amount of outstanding loan.
In brief, the plaintiff's case is as under :
2. The plaintiff is banking company. The defendant No.2 is
the proprietor of the defendant No.1. The defendant No.1 through
defendant No.2, approached to the plaintiff with request for Term Loan
of Rs.6,30,000/. The plaintiff accordingly sanctioned Term Loan of
Rs.6,30,000/ to the defendants on 16.10.2015. The defendants have
executed various documents in favour of plaintiff for obtaining said
loan. The defendants agreed to repay said loan in 60 months. The
defendants have failed and neglected to repay the outstanding amount
of loan. Therefore, the plaintiff by legal notice dated 16.07.2018, called
upon the defendants to pay the outstanding amount. The defendants
are liable to pay amount of Rs.4,32,830.56ps as on 27.04.2019
alongwith interest at the rate of Rs.9.70% p.a. with penal interest at the
rate of 2% p.a. Therefore, the plaintiff has filed the suit to recover said
amount from the defendants.
3. In view of order dated 07.12.2021, suit is proceeded ex
parte against defendants.
-- 2 of 5 --
3 Comm.SU No.2302019
4. Heard the learned Advocate for the plaintiff. No argument
of the defendants. Points for determination along with my findings
thereon with reasons are as under:
POINTS FINDINGS
1. Whether the plaintiff proves that the
defendants have failed to pay
Rs.4,32,830.56ps as outstanding amount of
the loan borrowed by them from the plaintiff
Bank?
Yes
2. If yes, what amount is due and payable by the
defendants to the plaintiff and at what rate of
interest?
Rs.4,32,830.56ps
alongwith interest
@ 9.70% p.a.
3. What order and decree? Suit is decreed.
REASONS
AS TO POINT NOs.1 AND 2:
5. All these points are interlinked with each other, hence they
are taken together for consideration. The plaintiff in support of its claim
has examined Mrs. Vartika (PW1) at Exhibit11. She deposes in support
of the suit claim. The loan application dated 16.10.2015 at Exhibit14
alongwith letter of sanction at Exhibit15 show that the defendants had
applied and requested the plaintiff for sanction of loan of Rs.6,30,000/.
The plaintiff bank has sanctioned said loan of Rs.6,30,000/ with
condition as to interest as base rate plus 0.55% which was 9.65% p.a.
Accordingly, the defendants have executed letter of undertaking
(Exhibit18). They have also executed deed of hypothecation (Exhibit
20) in favour of the plaintiff. All these documents read alongwith the
oral evidence of Mrs. Vertika (PW1) prove that the defendants have
obtained loan of Rs.6,30,000/ from the plaintiff bank with rate of
interest @ 9.70% p.a.
-- 3 of 5 --
4 Comm.SU No.2302019
6. By execution of acknowledgment of debt dated 09.04.2018,
the defendants have admitted their liability and extended the period of
limitation. By letter dated 16.07.2018, at Exhibit22, the plaintiff called
upon the defendants to pay the due amount against the outstanding
loan. The defendants have failed to comply with the same. The
statement of loan account at Exhibit23 shows that amount of
Rs.4,32,830.56ps was due and payable by the defendants to the plaintiff
on 27.04.2019. As per the terms of the contract the plaintiff is entitled
to charge interest at the rate of 9.70% p.a. Hence, the plaintiff is
entitled to recover amount of Rs.4,32,830.56ps with interest at the rate
of 9.70% p.a. from the date of the filing of the suit till realization. I
answer point Nos.1 and 2 accordingly.
AS TO POINT NO.3:
7. In view of my findings to point Nos.1 and 2, the suit is
liable to be decreed with costs. In the result, in answer to point No.3, I
pass the following order:
ORDER
1. Suit is decreed with costs.
2. The defendants do pay jointly and severally to the
plaintiff an amount of Rs.4,32,830.56ps (Rupees Four
Lakh Thirty Two Thousand Eight Hundred Thirty and
paise Fifty Six only) alongwith interest at the rate of
9.70% p.a. from the date of filing of suit till its
realisation.
3. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 17.02.2022 Mumbai.
Dictated on : 17.02.2022
Typed on : 17.02.2022
Signed by HHJ on : 17.02.2022
-- 4 of 5 --
5 Comm.SU No.2302019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.02.2022 at 05.45 p.m.
UPLOAD DATE AND TIME
(Mr. S. V. AMBEKAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
17.02.2022
Judgment/order signed by P.O. on 17.02.2022
Judgment/order uploaded on 17.02.2022
-- 5 of 5 --