Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Suit No.22142019 Exparte Judgment 1
Lodged on : 26.06.2019
Registered on : 01.08.2019
Decided on : 10.12.2021
Duration : 03Y 04M 09D
Exhibit
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C.SUIT NO.2214 OF 2019
(CNR NO.MHCC010065052019 )
Canara Bank,
a Body Coprorate, constituted under
the Banking Companies (Acquisition &
Transfer of Undertakings) Act, V of 1970
having its head office at 112, J.C.Road,
Bangalore – 560 002, and having its one of
the Branch at :625, 1st Floor, Mondesire
Building, Ranade Road Junction, Shivaji
Park, Dadar (West), Mumbai 400028,
Maharashtra , Known as “Dadar (West)
Branch” Constituted Power of Attorney
Holder/Sr.Manager Mr.Krishnakumar
L.Samant.
… Plaintiff
Vs.
Mr.Vinod Kumar Ramadhar Pandey,
A Principal Borrower, an adult, Indian
Inhabitant of having his address at :
Room No.4, Ladkabai Nanji Chawl,
5th Lane, Opp. Hasnabad Ajirwadi,
Mazgaon, Mumbai – 400010. ....Defendant
Appearances:
Ld.Adv.Ms.Priya Nigvekar for plaintiff.
None for Defendant.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 10th December 2021
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Suit No.22142019 Exparte Judgment 2
ORDER
1. This is the suit for recovery of an amount of Rs.1,59,566.90ps
alongwith interest.
2. Brief facts of the case are as under:
The plaintiff is body corporate constituted under the provisions of
Banking Companies Act, 1970. The head office of plaintiff is at
Bangalore and one of its branch office is at Dadar, Mumbai. The
Defendant on 15/9/2014 tendered term loan application for vehicle
loan. As per request of defendants the plaintiff has sanctioned
Rs.3,12,000/ loan . That time necessary documents like hypothecation
deed, pronote, loan agreement etc. were signed by defendant.
Defendant was bound to repay the loan within 60 monthly instlments.
But the defendant failed to repay the loan amount. The defendnat has
hypothecated vehicle Hyundai Santro Taxi, Registration no. MH01BT
2005. The defendant made default in repayment of the loan, therefore,
the plaintiff has issued legal notice and asked him to repay loan
amount. Inspite of service of notice the defendant failed and neglected
to repay the amount. Therefore, the plaintiff has charged 10.50%p.a.
interest plus 2% p.a. penal interest on due amount. Accordingly, as on
the date of the suit Rs.1,59,566.90 is shown as due as per case of the
plaintiff. Therefore, this suit.
3. Roznama dated 2/11/2019 shows that suit summons is duly
served to the defendant but he failed to appear on record. Therefore,
the suit is ordered to be proceeded exparte, against him.
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Suit No.22142019 Exparte Judgment 3
4. The plaintiff has filed evidence of witness Jyotsna Nayak at
Exhibit 5 alongwith relevant documents below Exhibit 6, that is Power
of Attorney, Loan Sanction Letter, Hypothecation Deed, Pronote etc.
5. Heard learned advocate for plaintiff. From the facts, documents
on record following points arise for consideration to which I have given
reasons before them:
Sr.No
.
POINTS FINDINGS
1 Does plaintiff prove that an amount of
Rs.1,59,566.90ps. is due and payable by
defendants ? In the affirmative
2. Does plaintiff prove the rate of interest
of 10.15% p.a.?
In the affirmative
3. Is plaintiff entitled for recovery of due
amount with interest?
In the Affirmative
4. What order and decree ? Suit is decreed
REASONS
AS TO POINT NO. 1 TO 3
6. It is the case of plaintiff that defendant approached to their Bank
for vehicle loan. Accordingly loan of Rs.3,12,000/ has been sanctioned
by the Bank to him. At that time he has hypothecated the vehicle which
is decribed in above para. Relevant documents that is loan application,
hypothecation deed is produced on record. Plaintiff has also produced
Exhibit 20 account Statement of Defendant, from that account
statement it appears that defendant has repaid some instalments of loan
and therefore, as on 29/5/2019 the plaintiff has shown
Rs.1,59,566.90ps.due against the defendant. From oral evidence of the
plaintiff it appears that the plaintiff has calculated interest as well as
penal interest on due amount. Thereafter, plaintiff has issued notice to
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Suit No.22142019 Exparte Judgment 4
defendants and asked him to repay the amount. Copy of notice at
Exhibit 19 alongwith postal dispatch receipt. The notice is duly served
inspite of that the defendant failed to appear and challenge the oral as
well as documentary evidence on record. Summons is also served to
defendants even though he failed to appear and challenge the
documents filed by plaintiff on record. In such circumstances, from oral
evidence and documents on record, it can be said that as on the date of
filing of suit Rs.1,59,566.90ps. was due against defendant.
7. The plaintiff has asked 10.15%p.a. interest on due amount the
same is also not denied from the defendant. Therefore, whole oral as
well as documentary evidence is unchallenged. The plaintiff is entitled
to recover due amount with 10.15% p.a. interest. Therefore, I answer to
point no.1 to 3 in the affirmative and proceed to pass following order
for point no.4:
ORDER
1. Suit is decreed with costs.
2. Defendant do pay to the plaintiff an amount of
Rs.1,59,566.90ps. (Rupees One Lac Fifty Nine Thousand
Five Hundred Sixty Six and paise Ninety)with 10.15% p.a.
within 6 months from the date of this judgment.
3. Defendants do pay an interest at the rate of 10.15%p.a.
on the due amount of Rs.1,59,566.90ps. from the date of
institution of suit till realisation of the due amount.
4. Decree be drawn up accordingly.
(C.V. PATIL)
Adhoc Judge,
Date : 10/12/2021 City Civil Court, Gr. Bombay
Dictated on : 10/12/2021,
Transcribed on : 13/12/2021,
HHJ signed on :14/12/2021
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Suit No.22142019 Exparte Judgment 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
14/12/2021 5.40p.m. Mrs.Jyoti Mane
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
10/12/2021
JUDGEMENT /ORDER signed by P.O. on 14/12/2021
JUDGEMENT /ORDER uploaded on 14/12/2021
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