Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 232/2019. 1 Ex-parte Judgment.
MHCC010063352019
Presented on : 20-06-2019
Registered on : 28-11-2019
Decided on : 17-03-2021
Duration : 1 years, 8 months, 27 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 232 OF 2019
Exh.18.
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. Floor, Dr. D. B. Kulkarni Vidyalay )
Lok Seva Sangh, Mahatma Jyotiba Phule )
Road, Naigaum, Dadar (East), )
Mumbai400014, in the State of )
Maharashtra represented by Mr. Maneesh )
Kumar, Age: 29 Years, Manager )...Plaintiff
Versus
Mr. Umesh Bapu Jedge, )
Age – Not Known, Adult, )
Occupation – Taxi Driver, )
Khardeo Nagar, Near Marimata Mandir, )
Ghatla Chembur, Mumbai – 400071 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 17th MARCH, 2021.
Mr. Rushabh Mishra, Advocate for Plaintiff.
None for Defendant. (Exparte).
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Comm.Suit No. 232/2019. 2 Ex-parte Judgment.
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.3,31,605.59 (Rupees Three
Lakhs Thirtyone Thousand Six Hundred Five and Paise Fiftynine Only)
with interest @ 11.70% p.a. The suit is based on statement of account.
Plaintiff's case is narrated as follows :
2. Plaintiff is a banking institute. Defendant has approached
the plaintiff bank for term loan for purchasing a vehicle namely Maruti
EECO 5S Taxi. In view of application dated 01/12/2015 submitted by
defendant, plaintiff bank vide Sanction Letter dated 01/12/2015 has
sanctioned the loan of Rs.4,00,000/ (Rupees Four Lakhs Only) under
Canara Pragati Scheme covered under GCTMSE scheme. Defendant has
executed Form 482 dated 01/12/2015, Form No.NF373 dated
05/12/2015, hypothecation agreement, Acknowledgement of Debt and
Security and other documents. It was agreed to repay the loan in 60
months. Defendant is failed to repay the loan as agreed. Despite
repeated demand and a legal notice dated 03/08/2018, defendant is
failed to repay the loan. Hence, the suit.
3. In view of roznama dated 14/02/2020, suit summons is
duly served on defendant vide Exh.3. Defendant is failed to appear.
Hence, the suit is proceeded exparte against the defendant.
4. In support to the plaint, plaintiff has examined only one
witness. PW 1 Rajani Bordawekar submitted claim affidavit vide Exh.4.
It is supported with various relevant documents. Various documents
alongwith list vide Exh.5 are marked from Exh.6 to 16. Loan
application dated 01/12/2015 is at Exh.7 (Colly.). Sanction letter is at
Exh.8. Defendant has executed the Certificate of Loan Papers Obtained
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Comm.Suit No. 232/2019. 3 Ex-parte Judgment.
on Form 482 dated 01/12/2015 which is at Exh.9, Letter evidencing
Execution of Document which is at Exh.10. Deed of Hypothecation
executed by defendant is marked as 'X3 for Identification '. The
acknowledgement of debt and security executed by defendant is at
Exh.11. The notice dated 03/08/2018 vide Exh.12 is duly served on
the defendant. The postal receipt is at Exh.13. Perused account
statement vide Exh.14 and 15 maintained by plaintiff bank. Failure of
defendant to appear before the Court infer that he admits the suit claim.
Hence, suit deserves to be decreed.
5. Interest claimed by plaintiff bank at the rate of 11.70% p.a.
appears to be reasonable. Hence, the order :
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.3,31,605.59 (Rupees
Three Lakhs Thirtyone Thousand Six Hundred Five and
Paise Fiftynine Only) with interest @ 11.70% p.a. from the
date of suit till realization, within two months from the
date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 17/03/2021. Mumbai.
1. Dictated on : 17/03/2021.
2. Transcribed on : 17/03/2021.
3. Signed on : 18/03/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 232/2019. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/03/2021. 5.30 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 17/03/2021.
Judgment/Order signed by P.O. on 18/03/2021.
Judgment/Order uploaded on 18/03/2021.
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