Final Order 1

Order Details: Copy of Judgment
Pdf Text: S.C.Suit No. 1810/18. 1 Ex-parte Judgment.
Filed on : 12/06/2018.
Registered on : 19/07/2018.
Decided on : 14/11/2019.
Duration : Years Months Days.
01 03 26
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 1810 OF 2018
(CNR NO. MHCC010115592016)
BANK OF INDIA,
A body Corporate,
Constituted Under the Banking companies
(Acquisition Transfer of Undertakings)
Act V Of 1970,
Having their Head Office at “Star House”,
C5, “G” Block, Bandra – Kurla Complex,
Bandra (East), Mumbai – 400 051,
and having its one of the Branches
situated at Oriental Bhavan, 211,
Sheriff Devji Street, Opp. Mahatma Phule
Market, Mumbai – 400 003
known as “J.J. Flyover Branch”, through
their Power of Attorney Holder / Authorized
Officer / Chief Manager
MR.HARIKUMAR S., ...Plaintiff
Versus
MR. SANTOSH MOTILAL VISHWAKARMA
As a Borrower, an adult, Indian Inhabitant
having his address at : Flat No. 1,
Plot No. 349, Sector – 4, Ghansoli, Thane,
Navi Mumbai, Maharashtra – 400 701. ...Defendant
CORAM : SHRI U.J.MORE.
(C.R.NO.31).
DATE : 14th NOVEMBER, 2019.
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S.C.Suit No. 1810/18. 2 Ex-parte Judgment.
Ms. Kalyani Wagale, Advocate for Plaintiff.
None for Defendant.
JUDGMENT
This is a suit for recovery of Rs.9,99,514.00/ (Rupees Nine
Lakh Ninety Nine Thousand Five Hundred and Fourteen Only) with
further interest @ 10.15% p.a.
Plaintiff's case is narrated as follows :
2. Plaintiff is a banking institute. Defendant is a principal
borrower. Upon completion of all formalities, hypothecation agreement,
etc. plaintiff bank has sanctioned a loan of Rs.8,00,000/ to the
defendant to purchase a Vehicle. Accordingly, defendant has purchased
a car of MARUTI SUZUKI – Model ERTIGA (ZDI+). However, defendant
failed for its repayment as agreed. In view of account extract
maintained by plaintiff and details given in statement of claim, plaintiff
has issued a notice on 16/02/2018. However, defendant is failed for its
repayment. Hence this suit.
3. PW 1 Bank Manager Mr. Bhanu Pratap Singh submitted
affidavit of chief examination vide Exh.7. In view of testimony of PW 1,
loan application is marked as Exh.9 and relevant documents are
marked from Exh.10 to 22. The notice came to be issued by the
plaintiff through advocate on 16/02/2018.
4. Plaintiff has substantiated the claim with statement of
account vide Exh.21. In view of roznama dated 30/04/2019, suit is
proceeded exparte against defendant. It appears that defendant admits
the suit claim as he remain absent.
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S.C.Suit No. 1810/18. 3 Ex-parte Judgment.
5. The suit is well within limitation. It deserves to be decreed.
The interest 9% p.a. appears to be reasonable. Hence the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant is directed to pay to the plaintiff the amount of
Rs.9,99,514.00/ (Rupees Nine Lakh Ninety Nine Thousand
Five Hundred and Fourteen Only) with interest @ 9% p.a.
from the date of suit till realization, within three months
from the date of decree.
3. Decree shall be drawn accordingly.
(U.J.MORE)
AdHoc Judge,
City Civil & Sessions Court,
Date : 14/11/2019. Mumbai.
1. Dictated on : 14/11/2019.
2. Transcribed on : 14/11/2019.
3. Signed on : 14/11/2019.
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S.C.Suit No. 1810/18. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/11/2019. 4.00 p.m. Mr.G.R.Suryawanshi
Name of the Judge (with Court Room no.) HHJ Shri U. J. More.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 14/11/2019.
Judgment/Order signed by P.O. on 14/11/2019.
Judgment/Order uploaded on 18/11/2019.
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