Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Presented on :06/06/2018
Decided on :13/02/2020
Durationon :01Ys.08Ms.07Ds.
CNR No.MHCC01-006738-2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C.SUIT NO.1489 OF 2018
IN
COMMERCIAL SUIT NO.179 OF 2020
Bank of Baroda
A Body Corporate consituted under the
Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970 having their Corporate
Office at G-26, G Block, Bandra-Kurla Complex,
Bandra(E), Mumbai-400 051 and having its
Head Office at Mandvi, Baroda and its
C.P.Tank Branch at 6/10 Halai Lohana Mahajan
Building, Dr.Babasaheb Jaykar Marg,
Mumbai-400 002 through its Chief Manager
Mr.Paresh S.Shah. ....Plaintiff
V/s
1. Shekhar Harishchandra Gawane,
of Mumbai Indian Adult Inhabitant residing at
514, C-Wing, Samata Building, Dani Santuk Lane,
Chira Bazar, Mumbai-400 002.
2. Paras Pratap Vasa
of Mumbai Indian Adult Inhabitant residing at
B-304, Parijat Building, L.T.Road, Borivali(W),
Mumbai-400 092. ....Defendants
APPEARANCE:-
Advocate Vidya Sonawane for plaintiff.
Defendant exparte.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 13th February, 2020
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EXPARTE JUDGMENT
This is the suit for recovery of Rs.4,84,772.61/-alongwith
interest.
2. This is the suit for recovery of amount of Rs.4,84,772.61/-
alongwith interest at the rate of 11.50% p.a. The plaintiff is a
Body Corporate. The plaintiff inter-alia carries on business as
Bankers. The defendant no.1 is one of the constitutents of the
plaintiff and is sued herein as the principal borrower having
enjoyed a term loan with the plaintiff. The defendant no.2 is sued
as the guarantor having guaranteed the due repayment of the
amount due by the defendant no.1 to the plaintiff under the said
term loan. The plaintiff state that by loan application dated
30/10/2010 the defendant no.1 requested the plaintiff to grant him
a term loan of Rs.5,95,000/- for purchasing TATA Indigo Manza
Aura Car. In consideration of the plaintiff sanctioning/granting the
said term loan and to secure the amount defendant no.1 executed
below mentioned security documents.
a) Demand Promissory Note dated 30/10/2010.
b) Letter of Installments dated 30/10/2010.
c) Instrument of Hypothecation of vehicle dated 30/10/2010.
d) General Undertaking dated 30/10/2010.
e) Draft undertaking dated 30/10/2010.
f) Letter of authority in bank’s favour to disclose or publish
name of borrower in case of default of loan/advance dated
30/10/2010.
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By way of further security the defendant no.2 by General Form of
Guarantee dated 30/10/2010. As per the terms of sanction and on
the basis the proforma invoice and other documents issued by
dealter M/s.Wasan Motors Pvt.Ltd. which were submitted by the
defendant no.1. The defendants by letters of acknowledgement of
debts dated 23/10/2013 and 15/12/2015 duly acknowledged,
admitted and confirmed their liability and indebtedness to the
plaintiff in respect of the said loan. The defendant no.1 however,
failed, neglected and avoided to pay the said monthly installments
as per the terms and conditions of the sanction. They issued
demand notice dated 22/11/2014 to defendant nos.1 and 2.
Ultimately, by their Advocate’s legal notice dated 12/3/2018. The
defendants duly received the said legal notice. The defendants
also failed to send any reply. Therefore, the suit.
3. Writ of summons was issued to the defendants. The service
affidavit is also on record. Inspite of the same, defendant did not
appear in the matter and did not contest the suit. Therefore, the
suit is proceeded exparte against defendant. Affidavit of evidence
(Exh-6), List of documents (Exh-7), Photo copy of power of
attorney (Exh-8), Certified copy of appraisal cum sanction memo
dated 30/10/2010 (Exh-9), Certified copy of appraisal cum sanction
memo dated 30/10/2010 (Exh-10), Original copy demand
promissory note (Exh-11), Original letter of installment (Exh-12),
Original agreement of hypothecation (Exh-13), Original copy of
general undertaking (Exh-14), Original copy of draft undertaking
(Exh-15), Original copy of letter of authority (Exh-16),Original
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general form of guarantee (Exh-17), Original letter of acknowledge
of debt dated 23/10/2013 (Exh-18), Original letter of acknowledge
of debt dated 15/12/2015 (Exh-19), Office copy of legal notice
dated 13/3/2018 alongwith receipt and acknowledgement (Exh-20
colly), Statement of account alongwith the certificate (Exh-21
colly).
4. The testimony of the witness of the plaintiff and the documents
produced on record remained unchallenged as the matter is
proceeded exparte against defendants. No rebuttal evidence is
brought on record by the defendants to disbelieve the version of
the plaintiff to hold that the amount which is claimed is due and
payable to the plaintiff by the defendants with interest.
5. Hence, I pass following order.
ORDER
1) Suit is decreed with costs.
2) Defendants do pay jointly and severally principal amount of
Rs.4,84,772.61/-with interest @11.50% p.a. to the plaintiff till
realization of entire amount within three months.
3) It is hereby declared that the amounts mentioned in prayer
clause (a) is duly secured by a valid and subsisting
hypothecation of car/vehicle.
4) Defendants their agents, servants, or any other person or
persons claiming thorough or under them be restrained by an
order of injuction from parting with possession, selling,
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disposing off, transferring, encumbering, letting out the said
suit car or crating any 3rd party rights or interest.
5) Necessary Court fee stamp be refunded to the plaintiff if rule
permits.
6) Decree be drawn up accordingly.
Date:-13/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :- 13/02/2020
Typed on :- 13/02/2020
H.H.J.Signed on :- 13/02/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/02/2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
13/02/2020
JUDGMENT/ORDER signed by P.O. on 13/02/2020
JUDGMENT/ORDER uploaded on 13/02/2020
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