Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 245/2020. 1 Ex-parte Judgment.
MHCC010067492018
Presented on : 06-06-2018
Registered on : 03-09-2018
Decided on : 06-02-2021
Duration : 2 years, 8 months, 0 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 245 OF 2020
Exh.25.
Canara Bank, )
A Body Corporate constituted under )
the provisions of 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 Branches at: )
Plot No.625, 1st Floor, Mondesir Building, )
Ranade Road Cadell Road Junction, )
Shivaji Park, Dadar (West), )
Mumbai – 400 028; known as )
“Dadar (West) Branch”; Constituted )
Attorney Holder / Authorized Officer )
Mr. Sachin Suhas Patil )...Plaintiff
Versus
Mr. Mushataq Ahmed Mohd Idris, )
As a Borrower, an adult, Indian Inhabitant )
having His address at: Room No.2, Akbar )
Lala Compound, Near Madina Masjid, )
DVS Road, Azad Nagar, Ghatkopar (West), )
Mumbai – 400 086; )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 6th FEBRUARY, 2021.
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Comm.Suit No. 245/2020. 2 Ex-parte Judgment.
Ms. Priya Nigavekar, Advocate for Plaintiff.
None for Defendant. (Ex-parte).
EX-PARTE JUDGMENT
This is a suit for recovery of Rs.4,65,221/- (Rupees Four
Lakhs Sixty-five Thousand Two Hundred Twenty-one Only) with
interest @ 10.15% p.a. The suit is based on account extract and
hypothecation document.
2. Plaintiff is a banking institute. Defendant has applied the
plaintiff bank for vehicle loan for purchasing a vehicle namely Hyundai
I-10 D-LITE Taxi. In view of application submitted by defendant,
plaintiff bank vide Sanction Letter bearing Ref.No. CR No. 107.41.1516
dated 09/06/2015 has sanctioned the loan of Rs.3,94,000/- (Rupees
Three Lakhs Ninety-four Thousand Only). Defendant has executed
Form No.NF-373, hypothecation agreement and other documents.
Defendant has purchased the vehicle bearing Registration No. MH-47-
TRB-130. It was agreed to repay the loan in 60 E.M.I. of Rs.8,600/-
(Rupees Eight Thousand Six Hundred Only) each. Defendant is failed
to repay the loan as agreed. Despite repeated demand and a legal
notice dated 29/05/2018, defendant is failed to repay the loan. Hence,
the suit.
3. In view of roznama dated 30/01/2019, suit summons is
duly served on defendant vide Exh.5. Defendant is failed to appear.
Hence, the suit is proceeded ex-parte against the defendant.
4. PW 1 Krishnakumar Samant submitted claim affidavit vide
Exh.6. It is supported with various relevant documents. Various
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Comm.Suit No. 245/2020. 3 Ex-parte Judgment.
documents alongwith list vide Exh.7 are marked from Exh.8 to 23.
Sanction letter dated 09/06/2015 is at Exh.9. Defendant has executed
the Form No. NF-373 vide Exh.13 and Deed of Hypothecation vide
Exh.15. The notice dated 29/05/2018 vide Exh.20 is duly served on the
defendant. Perused account statement vide Exh.22 maintained by
plaintiff bank. Plaint is supported with agreement between the parties,
hypothecation in the name of plaintiff bank and account extract
maintained by the plaintiff bank. Failure of defendant to appear before
the Court infer that he admits the suit claim. Hence, suit deserves to be
decreed.
5. Interest claimed by plaintiff bank at the rate of 10.15% p.a.
appears to be reasonable. Hence, the order :
- ORDER -
1. Suit is decreed with cost.
2. Defendant shall pay an amount of Rs.4,65,221/- (Rupees
Four Lakhs Sixty-five Thousand Two Hundred Twenty-one
Only) with interest @ 10.15% p.a. from the date of suit till
realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 06/02/2021. Mumbai.
1. Dictated on : 06/02/2021.
2. Transcribed on : 11/02/2021.
3. Signed on : 12/02/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 245/2020. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/02/2021. 5.19 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 06/02/2021.
Judgment/Order signed by P.O. on 12/02/2021.
Judgment/Order uploaded on 15/02/2021.
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