Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 363/2020. 1 Ex-parte Judgment.
MHCC010067692018
Presented on : 06-06-2018
Registered on : 01-09-2018
Decided on : 18-01-2021
Duration : 2 years, 7 months, 12 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 363 OF 2020
Exh.20.
Canara Bank,
A Banking Company incorporated under the
Banking Companies (Acquisition and Transfer
of undertaking) Act, 1970 having their Head
Office at Bangalore – 569 992 and Branch
Office at Mazgaon Main Branch, 38/42,
Dockyard Road, Mazgaon, Mumbai4000010
Through Officer Mr. Munna Khalko ...Plaintiff
Versus
M/s. Jai Bhagwan Travels
Through Prop – Meena Shivaji Khedkar
Having Address at, Room No.36/11 Kokan Nagar,
Vasant Saibaba Mandir, Chembur (E),
Mumbai 400074 ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 18th JANUARY, 2021.
Ms. Fatima Lakdawala, Advocate for Plaintiff.
None for Defendant. (Exparte).
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Comm.Suit No. 363/2020. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.8,79,402/ (Rupees Eight
Lakhs Seventynine Thousand Four Hundred Two Only) with interest at
the rate of 13.95% p.a. This is a suit for recovery of vehicle loan based
on account extract and hypothecation documents.
2. Plaintiff is a banking institute. Defendant runs a business
of travel agency. Defendant has applied the plaintiff bank for
purchasing a vehicle namely Nissan Sunny XLD, 5 seater. In view of
application submitted by defendant, plaintiff bank has sanctioned the
loan of Rs.9,60,000/ (Rupees Nine Lakhs Sixty Thousand Only) on
30/11/2015. Defendant has executed Form No.NF373 and
hypothecation documents. Defendant has purchased the vehicle
bearing No. MH03BC5302. Defendant is failed to repay the loan as
agreed. Despite repeated demand and a notice dated 23/03/2018,
defendant is failed to repay the loan. Hence, the suit.
3. Suit summons is duly served on defendant vide Exh.2.
Defendant is failed to appear. Hence, the suit is proceeded exparte
against the defendant.
4. PW 1 Nishant Sinha submitted claim affidavit vide Exh.3.
However, he was transferred to another branch. Hence, plaintiff bank
has submitted affidavit of another witness.
5. PW 2 Ms. Jayita Sur submitted claim affidavit vide Exh.5. It
is supported with various relevant documents. Copy of loan application
is at Exh.6. Various documents alongwith list vide Exh.4 are marked
from Exh.7 to 18. Defendant has executed the Deed of Hypothecation
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Comm.Suit No. 363/2020. 3 Ex-parte Judgment.
vide Exh.10. In view of application submitted by the defendant
standing instructions came to be effected to the loan account vide
Exh.13. Insurance policy is at Exh.14. Perused account statement vide
Exh.16.
6. Despite legal notice vide Exh.15, there is no repayment of
loan. Defendant is failed to appear despite due service of summons, it
infer that defendant admits the suit claim. In result, suit deserves to be
decreed with cost.
7. However, interest at the rate of 13.95% p.a. appears to be
unreasonable. Suit is decreed with interest at the rate of 12% p.a.
Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.8,79,402/ (Rupees
Eight Lakhs Seventynine Thousand Four Hundred Two
Only) with further interest @ 12% 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 : 18/01/2021. Mumbai.
1. Dictated on : 18/01/2021.
2. Transcribed on : 18/01/2021.
3. Signed on : 20/01/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 363/2020. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/01/2021. 4.44 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 18/01/2021.
Judgment/Order signed by P.O. on 20/01/2021.
Judgment/Order uploaded on 22/01/2021.
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