Order 1

Order Details: Ex-parte Judgement
Pdf Text: S.C.Suit No. 1779/18. 1 Ex-parte Judgment.
Registered on : 18/07/2018.
Decided on : 24/06/2019.
Duration : 0 Years 11 Months 6 Days.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 1779 OF 2018
(CNR NO. MHCC010066422018)
Punjab & Sind Bank, a body corporate constituted
under the provisions of the Banking Companies
(Acquisition and Transfer of Undertakings) Act
having it's Head Office at New Delhi – 110 008,
and branch office amongst others at Kalbadevi,
Mumbai – 400 002, through Mrs. Usha Poojary,
Manager, authorised signatory as per Power of
Attorney dated ...Plaintiffs
Versus
1. Panchanand Raju Swain,
Age about 39 years,
2. Mrs. Dibyarani Panchanand Swain,
Age about 29 years,
both of Virar, Indian Inhabitants, having their
address at Flat No.404, F Wing, Mohak City,
Virar East, Distt. Palghar – 401 208
3. Laxminarayan Subhashchandra Sahu
aged about 40 years,
of Mumbai, Indian Inhabitant, residing at
Datamatics Financial Services Ltd., Plot No.B
05, MIDC Part B Cross Lane, MIDC, Andheri,
Mumbai – 400 093 ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 24th JUNE, 2019.
-- 1 of 4 --
S.C.Suit No. 1779/18. 2 Ex-parte Judgment.
Ms. Varsha Telgi, Advocate for Plaintiff.
None for Defendants.
JUDGMENT
This is a suit for recovery of Rs.9,18,190.60 with further
interest @ 10.25% p.a.
2. Plaintiff is a banking institute. Defendants 1 and 2 are
owner and possessor of Flat No.106, Ganesh Apartment, Hanuman
Nagar, Nalasopara. At the request of defendants 1 and 2 plaintiff bank
has sanctioned the loan of Rs.12,00,000/ on 31/10/2014. Defendants
1 and 2 executed all required documents in favour of plaintiff as
mentioned in para 4 of the plaint. Defendant no.3 stood as guarantor
to the aforesaid loan. Defendants have agreed to repay the loan by EMI
of Rs.11,300/. However, defendants are failed to repay the loan as
agreed.
3. In view of the account extract, the loan of Rs.9,18,190.60
remain due towards defendants. Despite repeated demand and a notice
through advocate, defendants are failed for repayment. Hence this suit.
4. In view of roznama dated 10/01/2019, summons is duly
served on defendants. However, all defendants have failed to appear.
Hence suit is proceeded exparte.
5. PW 1 Shraddha Patil supported the suit claim with
evidence affidavit vide Exh.6. The documents submitted by the plaintiff
bank are marked from Exh.8 to 25 as per evidence affidavit of PW 1.
On perusal of various documents executed by the defendants 1 to 3 in
favour of plaintiff and account extract vide Exh.25, it is clear that
-- 2 of 4 --
S.C.Suit No. 1779/18. 3 Ex-parte Judgment.
defendants 1 to 3 are failed for its repayment as agreed.
6. Defendants are failed to reply the notice issued by the
plaintiff. They are also failed to file written statement. It infer that
defendants admit the suit claim. Resultantly, suit is deserved to be
decreed. Hence the order :
ORDER
1. Suit is decreed with cost.
2. Defendants 1 to 3 are jointly and severally liable to pay the
amount of Rs.9,18,190.60 (Rupees Nine Lakhs Eighteen
Thousand One Hundred Ninety and Paise Sixty Only)
with future interest @ 10.25% p.a. from the date of suit till
repayment, within three months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 24/06/2019. Mumbai.
1. Dictated on : 24/06/2019.
2. Transcribed on : 24/06/2019.
3. Signed on : 25/06/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
-- 3 of 4 --
S.C.Suit No. 1779/18. 4 Ex-parte Judgment.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/06/2019. 3.24 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 24/06/2019.
Judgment/Order signed by P.O. on 25/06/2019.
Judgment/Order uploaded on 25/06/2019.
-- 4 of 4 --