Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 277/21. 1 Ex-parte Judgment (Exh.20).
MHCC010069322018
Presented on : 11-06-2018
Registered on : 01-09-2018
Decided on : 09-02-2022
Duration : 3 years, 7 months, 28 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 277 OF 2021
(OLD S. C. SUIT NO. 2298 OF 2018)
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 a Branch )
Office At All Saints Home, 54/A Dockyard Road, )
Mumbai 400 010 through its Officer, )
Mr. Nishant Sinha )...Plaintiff
Versus
1. M/s. Shree Car rental )
Through Proprietor Mr. Sidhesh S. Modsingh)
Occp : Business )
Having address at D26, 1 st Floor, )
D Spring Mill Chawl, G.D. Ambekar Marg, )
Naigaom, Dadar (E), Mumbai 400 014 )...Defendants
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 9th FEBRUARY, 2022.
Ms. Kurutulain Shaikh h/f Fatima Lakdawala, Advocate for the plaintiff.
Defendants – (Exparte).
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Comm.Suit No. 277/21. 2 Ex-parte Judgment (Exh.20).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a body corporate constituted under
the Banking Companies (Acquisition & Transfer of Undertakings) Act,
1970, having its branch office at All Saints Home, 54/A Dockyard Road.
Constituted Attorney Nishant Sinha filed the suit for the plaintiff bank.
Defendant is a proprietary concern represented by proprietor Sidhesh
Modsingh. On an application dated 20/05/2015 of the defendant, the
plaintiff had sanctioned term loan of Rs.9,49,000/ under Canara MSE
Pragati Scheme to the defendant for purchasing Nissan Sunny XLD 5
seater car. Accordingly, sanction letter was issued. The defendant also
executed other documents including Deed of Hypothecation of the
vehicle. Though the loan amount was to be repaid with monthly
installments of Rs.20,783/ within period of 60 months with interest at
the rate of 10.55% p.a., the defendant committed breach in repayment
of the loan amount. Account of the defendant turned NPA on
19/09/2016. Then, legal notice was issued on 26/03/2018 calling
upon the defendant to pay outstanding amount, but the defendant
failed to make payment. Hence, the plaintiff filed the suit for recovery
of outstanding amount of Rs.8,43,086/ as on 25/05/2018 with further
interest at the rate of 9.7% p.a. plus 2% penal interest compounded on
monthly rests from the date of filing of the suit till the date of
realization with costs of the suit. He also made many other prayers like
seizure of the vehicle by appointing Receiver, permanent injunction and
disclosure of properties owned by the defendant.
3. The defendant is duly served with writ of summons as per
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Comm.Suit No. 277/21. 3 Ex-parte Judgment (Exh.20).
affidavit of service (Exh.2), but he failed to appear and oppose the
claim of the plaintiff. Therefore, my learned predecessor passed the ex
parte order against him on 22/01/2019.
4. PW 1 Pramod Kumar Singh, Officer of the plaintiff bank
deposed on evidence affidavit (Exh.5) and proved documents filed with
list of documents (Exh.4). Proved documents are at Exh.6 to 18. The
plaintiff closed evidence vide pursis (Exh.19). Heard learned counsel
Miss Kurutulain Shaikh for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.8,43,086/ from the defendant ? If
yes, at what rate of interest ? In the Affirmative.
@ 9.7% p.a. with
monthly rest.
2. Does the plaintiff prove that he is
entitled to the relief of disclosure of
properties owned by the defendant,
attachment of the vehicle by appointing
Receiver and permanent injunction ? In the Negative.
3. What order as to costs ? As per final order.
4. What order and decree ? Suit is partly
decreed.
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Comm.Suit No. 277/21. 4 Ex-parte Judgment (Exh.20).
REASONS
AS TO POINT NOS.1 TO 3 :
6. PW 1 Pramod Kumar Singh has specifically stated that the
loan amount enumerated in the plaint was sanctioned for purchasing
the vehicle to the defendant. The said vehicle is also hypothecated as
per Exh.11. The defendant failed to make payment. The defendant
neglected to make payment of outstanding loan amount as stated in
statement of account (Exh.16). In short, claim of the plaintiff is proved
from oral as well as documentary evidence on record.
7. So far as interest rate is concerned, the plaintiff has claimed
interest within the range of interest as per terms of the agreement with
the defendant. There is no hurdle in the way of granting interest as
demanded by the plaintiff. It does not appear to be appropriate to grant
2% penal interest because the defendant had obtained loan for
purchasing the vehicle in order to earn his livelihood. So far as other
reliefs claimed by the plaintiff are concerned, they are mostly related to
execution of decree. The plaintiff can resort all available remedies
under Order XXI of the CPC in the course of execution. Costs of the suit
is liable to be imposed on the defendants. In the light of above
discussion, I record my finding as to point no.1 in the affirmative and as
to point no.2 in the negative. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 277/2021 is partly decreed.
2. The defendant is directed to pay amount of Rs.8,43,086/
(Rupees Eight Lakhs Fortythree Thousand Eightysix Only)
to the plaintiff with interest @ 9.7% p.a. with monthly rest
from the date of the suit till the date of realization within
three months from the date of decree.
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Comm.Suit No. 277/21. 5 Ex-parte Judgment (Exh.20).
3. The defendant shall bear the costs of the suit.
4. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 09/02/2022. Mumbai.
1. Dictated online on : 09/02/2022.
2. Signed on : 09/02/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09/02/2022. 3.31 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 09/02/2022.
Judgment/Order signed by P.O. on 09/02/2022.
Judgment/Order uploaded on 09/02/2022.
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