Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No. 2023 of 2019 1
MHCC010066072019
Presented on : 24-06-2019
Registered on : 12-07-2019
Decided on : 30-11-2023
Duration : 4 Y, 5 M, 6 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.2033 OF 2019.
Exh.
CANARA BANK, ]
Banking Company, constituted and functioning ]
under the provisions of the the Banking ]
Companies (Acquisition & Transfer ]
of Undertakings) Act.,1970 ]
having their central Office at Bengaluru, ]
Pin 560 002, an Karnataka State and a Branch ]
Office Matunga Mansion -2 ]
Bhandarkar Rd, Matunga (East) ]
Mumbai 400 019. the Suit is filed by ]
Mr. Munna Khalkhao, Age 36 years, ]
Senior Manager & Power of Attorney Holder ]....Plaintiff.
Vs.
Mr.Abdul Khaliq Asgarali, 51 Yrs ]
R.No. A-104, New Annasagar CHSL, ]
A.G.Link Road, Sakinaka, ]
Mumbai – 400 072. ]….Defendant.
Appearance:
Adv. Ms.Sivoj Sutale for the plaintiff.
Defendant – Exparte.
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Judgment in
Suit No. 2023 of 2019 2
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :30th November, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.1,84,064/- at the rate
of interest 11.20% p.a.
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that it is a body corporate
constituted under the Banking Companies (Acquisition and Transfer of
Undertaking) Act 1970. It further contends that at around 11th
December, 2014, defendant requested plaintiff for vehicle loan to
purchase Brand New TATA Indica. The plaintiff disbursed loan of
Rs.2,70,000/- on 12.12.2014. Accordingly, the defendant executed
undertaking on 12.12.2014 to repay the loan. He also executed
Hypothecation Deed of the Car on 12.12.2014.
3. The plaintiff specifically contends that on 07.05.2019
defendant failed to repay the loan. Hence, notice was issued to repay
the loan worth of Rs.1,84,064/-. Hence, this suit.
4. Defendant is duly served with writ of summons but he
failed to appear. Therefore, the suit proceeded exparte against the
defendant as per order dated 03.04.2023.
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Judgment in
Suit No. 2023 of 2019 3
5. After suit proceeded exparte, the plaintiff examined one
witness viz. Mr. Sherly Hebran, Sr. Manager of Plaintiff’s Bank who has
filed his affidavit in lieu of examination in chief at Exh. 5. The Plaintiff
has also filed list of documents at Exh.6. The plaintiff filed evidence
close pursis vide Exh.7. The plaintiff filed following documents along
with Exh.6 which is as follows :
Sr.
No.
Documents. Exhibits
1. Authority Letter dated 24.07.2023 Exh. A
2. Loan Application and interview sum
Appraisal Form for Transport Operators
Exh. B
3. Appraisal cum Recommendation LHV-
Loan Dated 11.12.2014
Exh. C
4. Sanction Letter dated 11th December,
2014
Exh.D
5. Letter of Undertaking re-loan/Advance
dated 12.12.2014
Exh. E
6 Deed of Hypothecation Re-Vehicle dated
12.12.2014
Exh.F
7 Acknowledgment of Debt and Security
dated 08.12.2016
Exh. F
8 Plaintiff’s Advocate Notice dated
08.05.2019
Exh. H
9. Postal Receipt Exh. I
10. RC Copy Exh. J
11. Invoice dated 13.12.2014 issued by dealer Exh. K
12. Statement of Account Exh. L
13. I.T.Certificate Exh. M.
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Judgment in
Suit No. 2023 of 2019 4
6. It is submission made by Ld.advocate for the plaintiff that
the suit is proceeded exparte. The pleading and evidence of the plaintiff
remained unchallenged. Hence, there is no reason to discard the suit.
Consequently, prayed to decree the suit.
7. Considering the facts, evidence and law applicable to the
case, following points arise for determination.:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover an amount of
Rs.1,84,064/-with interest at the
rate of 11.20% p.a. from the date
of the suit?
..Partly Yes..
with interest @
10.15% pa.
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is partly
decreed.
:REASON:
As to point No. 1 & 2:
8. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
Therefore, there is no reason to discard the case at threashhold.
9. The affidavit of evidence at Exh.5 and documents filed on
record show that the term loan was sanctioned by the plaintiff to
defendant but he failed to pay. The plaintiff succeeded to show that the
amount of Rs.1,84,064/- was due from defendants on account of loan
advanced to him. Now peculiar question arise, whether the suit is
within the limitation.
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Judgment in
Suit No. 2023 of 2019 5
10. The plaintiff has filed on copy of account of statement
which show that on 13.06.2019 defendant was bound to pay suit
amount. It also show that the defendant has lastly made payment of
11.05.2018 and it has also executed acknowledgment on 08.12.2016.
Considering the contends of statement of account, the plaintiff
successfully show that the defendant is bound to pay suit amount and
suit is within the limitation.
11. The plaintiff claimed an interest at the rate of 11.20% p.a.
However, the account of statement itself show that the plaintiff charged
the rate of interest at the rate of 10.15% p.a..Hence, it would be just
and proper to award the interest at the rate of 10.15% p.a. Accordingly,
point Nos. 1 & 2 answered.
12. Non payment of the suit amount constrained the plaintiff to
institute the suit. Hence, the plaintiff is entitled to cost. Accordingly, in
answer to point No. 3, following order is passed :
ORDER
1. Suit No. 2033 of 2019 is partly decreed as under with cost.
2. The defendant is ordered to pay an amount of Rs.1,84,064/- to
the plaintiff with interest at the rate of 10.15% p.a. from the date
of the suit till entire amount is realised.
3. The defendant shall directed to pay aforesaid decreetal amount
within 2 months of the order.
4. Decree be drawn up accordingly.
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Judgment in
Suit No. 2023 of 2019 6
5. Suit No. 2033 of 2019 is disposed off accordingly.
(Dictated and Pronounced in Open Court)
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:30.11.2023 Greater Bombay (CR 59)
Declared on : 30.11.2023
Dictated on : 30.11.2023
Transcribed on : 05.12.2023
Checked on : 06.12.2023
Signed on :
12.12.2023 at 5.30 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 30.11.2023
Order signed by P.O. on 12.12.2023
order uploaded on 12.12.2023
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Judgment in
Suit No. 2023 of 2019 7
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.08.2023 at 12.30 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 15.07.2023
Order signed by P.O. on 10.08.2023
order uploaded on 14.08.2023
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Judgment in
Suit No. 2023 of 2019 8
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