Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010066432018
Presented on
04-06-2018
Registered on 01-08-2018
Decided on 07/11/20
Duration Yrs. M. Days
02 05 03
CNR No. MHCC010066432018
EXH.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SHORT CAUSE SUIT NO.1977 OF 2018
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 the Power of Attorney dated
...Plaintiff.
V/s.
1. Nitin Piraji Sable,
Age about 43 years,
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2. Mrs. Satwashila Nitin Sable,
Age about 35 years
both of Mumbai, Indian Inhabitants, having
their address at 9/3, Ground floor, Mahavir
Darshan, Sanghani Estate, Near Shreyas
Cinema, LBS Marg, Ghatkopar (West),
Mumbai – 400 086.
3. Usha Sanjay Gaykar,
Age about 44 years,
of Bhayandar, Indian Inhabitant, residing at
Madhubala Bar, C/3, Room No.2, Shirdi
Nagar Building, Navghar Phatak Road,
Bhayandar (East), Dist. Thane – 401 105.
4. Ganesh Shankar Thorat,
Age about 32 years,
also of Mumbai, Indian Inhabitant, residing
at Room No.2, Madhukar Amburle Chawl,
Ketkipada, Dahisar (East),
Mumbai – 400 068. ....Defendants.
Appearances:
Ld. Adv Ms. Varsha Telge for plaintiff.
None present for defendants.
Suit proceeded ex-parte against defendants.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.BORLEPWAR
(C.R.No.20)
DATED : 7th November, 2020
J U D G M E N T
(Ex-parte)
1. This is a suit for recovery of amount of Rs.8,06,005/- with
interest.
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2. In brief, it is contention of the plaintiff that plaintiff is a
Banking Company. Defendant No.1 and 2 are borrowers. The
defendant Nos.3 and 4 are Guarantors to the loan amount borrowed by
defendant No.1 and 2.
3. Defendant No.1 and 2 approached to the plaintiff Bank for
Housing Loan. Plaintiff sanctioned Housing Loan of Rs.10,50,000/- on
09.12.2014. Defendant No.3 and 4 stoods as Guarantors for the said
loan amount. Defendant No.1 and 2 agreed to pay the said loan
amount with interest at the rate of Rs.10.25% per annum with monthly
rests. Defendants executed various documents in favour of plaintiff.
Defendant No.1 and 2 deposited monthly installments upto March,
2017 and thereafter failed to pay monthly installments regularly.
Defendant No.1 and 2 executed a Memorandum of Equitable Mortgage
in respect of the house and deposited original title deeds of the said flat
in favour of plaintiff Bank. Defendants did not pay the loan amount.
Plaintiff issued letter dated 04.08.2017 and thereby demanded
outstanding amount from the defendants but in vain. Plaintiffs
representatives visited the mortgaged property on 07.08.2017 and
found that the entire building where the said construction is in respect
of the said flat was totally demolished. Therefore, mortgaged property
is not in existence from 07.08.2017.
4. Defendant No.1 to 4 confirmed the outstanding amount of
Rs.7,63,713/- on 30th September, 2017. Rs.7,63,713/- is outstanding
against the defendants. Hence suit be decreed with costs.
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5. Defendants inspite of service of writ of summons did not
appear. Therefore, suit is proceeded Ex-parte against the defendants as
per Roznama / Noting dated 26.10.2018.
6. Plaintiff examined P.W.1 Mrs. Shraddha N. Pani and closed
evidence of plaintiff.
7. P.W.1 Mrs. Shraddha deposed by filing evidence affidavit at
Exh.3. Following documents are marked as exhibit in the evidence of
P.W.1. They are at Exh.5 to 22.
Ex. Sr.No. Particular
5 1 Sanction letter dt. 09/12/2014.
6 2 Demand promissory note dt. 09/12/2014 executed by
the deft no.1 and 2.
7 3 Form no. 106 dt. 09/12/2014 executed by the deft no.
1 and 2.
8 4 Form no.103/291/412 dt. 09/12/2014 executed by
the deft no. 1 and 2.
9 5 Undertaking dt. 09/12/2014 executed by the deft no.
1 and 4.
10 6 Form in respect of the revised clause pertaining to the
rate of interest dt. 09/12/2014 executed by the deft
no. 1 and 2.
11 7 Undertaking to furnish information and data dt.
09/12/2014 executed by the deft no. 1 and 2.
12 8 Undertaking to furnish information and data dt.
09/12/2014 executed by the deft no. 3 and 4.
13 9 Letter fo confirmation dt. 09/12/2014 executed by the
deft no. 1 and 2.
14 10 Letter of Guarantee dt. 09/12/2014 executed by the
deft no. 3 and 4.
15 11 Form no.84A(R) dt. 09/12/2014 executed by the deft
no. 1 and 2.
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16 12 Memorandum of Equitable Mortage dt. 09/12/2014
executed by the deft no. 1 and 2.
17 13 Declaration dt. 09/12/2014 executed by the deft no. 1
and 2.
18 14 Letter dt.01/08/2017 issued by the plff to the defts.
19 15 Visit report dt. 07/08/2017.
20 16 Letter of Revival dt. 17/08/2017.
21 17 Notice dt. 09/10/2017 issued by the plff to the dets
no. 1 to 4.
22 18 Statement of account alongwith certificate as per the
IT Act.
8. I have heard Learned Advocate Mrs. D.B. Raghani for
plaintiff.
9. P.W.1 Mrs. Shradha deposed as good as averments of the
plaint. She deposed that defendant No.1 and 2 requested plaintiff for
Housing Loan of Rs.10,50,000/-. Plaintiff Bank granted Housing Loan
to defendant No.1 and 2 on 09.12.2014. Defendants executed
documents in favour of plaintiff in respect of the loan amount.
Defendant No.1 and 2 are borrower. Defendant No.3 and 4 are
guarantors for the loan of defendant No.1 and 2. Defendant No.1 to 4
confirmed the outstanding amount on 30.09.2017 for Rs.7,63,713/- and
executed letter of Revival dated 17.11.2017. Now Rs.8,06,005/- is
outstanding against the defendants.
10. Perused sanctioned letter Exh.5. It is mentioned therein
that Rs.10,50,000/- is granted as Housing loan with interest at the rate
of Rs.10.25% p.a. It is also mentioned that the said loan amount is to
be repaid by E.M.I. of Rs.11,500/- in 180 months.
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11. Perused demand promissory Note. It is dated 09.12.2014.
Defendant Nos.1 and 2 agreed to pay the loan of Rs.10,50,000/- with
interest at the rate of Rs.10.25% per annum with monthly rest as per
Demand Promissory Note Exh.6.
12. Perused Letter of Guarantee Exh.14. It bears signature of
defendant Nos.3 and 4.
13. Perused Memorandum of Equitable Mortgage Exh.16.
14. Perused declaration Exh.17. The said declaration is
executed by defendant No.1 and 2 that they have purchased flat
No.207, admeasuring 43.20 sq. Meters on the second floor in the
building known as Ganesh Krupa Apartment, situated at Plot No.S-32A/
Hissa No.2 at Village Sopara, Taluka Vasai, Dist. Thane by agreement
dated 29.05.2014.
15. Perused Revival letter Exh.20. It is signed by defendant
No.1 and 2. It is dated 17.11.2017. It is mentioned therein that
defendant No.1 and 2 acknowledged and confirmed the debit balance of
Rs.7,63,713/- as on 30.09.2017.
16. Perused plaint. It is lodged on 04.06.2018. The loan is
sanctioned on 09.12.2014. Defendant No.1 and 2 agreed to pay the
loan amount in equal E.M.I. of Rs.11,500/- of 180 months. Therefore,
the suit is filed with limitation.
17. Perused statement of Account Exh.22. It shows that
defendant No.1 and 2 were not regular to pay the loan amount. There
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is nothing on record to discard the testimony of P.W.1. It appears that
defendants failed and neglected to pay outstanding loan amount.
Therefore, the suit is liable to be decreed with costs. Hence, I proceed
to pass the following order.
ORDER
The Suit No.1977 of 2018 is decreed with costs as under :
1. Defendant No.1 to 4 jointly and severally to pay to the plaintiff
bank a sum of Rs.8,06,005/-(Rupees Eight Lacs Six Thousand and
Five Only) with interest at the rate of 10.25 percent per annum
with monthly rest from the date of filing of the suit i.e. from
04/06/2018 till its full realisation.
2. Decree be drawn up accordingly.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 07/11/2020 City Civil Court, Gr. MUMBAI
Dictated on : 07/11/2020
Transcribed on : 16/12/2020
Draft given on : 16/12/2020
Checked on : 16/12/2020
and Signed on : 17/12/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.12.2020 at 02.55 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 07.11.2020
Judgment/order signed by P.O. on 17.12.2020
Judgment/order uploaded on 17.12.2020
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