Final Order 1

Order Details: Copy of Judgment
Pdf Text: Daily Status
IN THE COURT OF :COURT 32 ASST SESSION JUDGE
Case No. :Commercial Suit/0100183/2020
Bank of India Vs Mr. Kailash Kamalprasad Nautiyal
Date : 06-03-2020
Business : Adv. Nigvekar for plaintiff present. Adv. for defendant absent.
Adv. for plaintiff tender affidavit in lieu of examinetion in
chief @ list of document seen and verifide. Suit is proceeded
ex-parte witness is present. following doucment are marked as
an exhibited document. 1.Application. 2.Sanction Letter
bearing Application no. 01480000032. 3.(CBD-
23 )borrower&amp#039s Profile. 4.(CBD-
23 )Guarantor&amp#039s Profile. 5. Proforma Invoice
by M/s. Auto Wheels. 6.Receipt of Rs. 2,10,000/- bearing
Receipt No. 00354 by M/s. Auto Wheels. 7.(L-434) Demand
Promissory Note for Rs. 8,00,000/-. 8.(L-435) Bearer Letter
for Rs. 8,00,000/-. 9.(L-440) Installment Letter. 10.(L-515)
None Relation with any Director of Bank. 11.(L-516)
Multipurpose Documents for Rs.8,00,000/-. 12.(L-512)
Agreement of Hypothecation for Consumer Loan in respect of
Vehicles for Rs.8,00,000/- 13.(OD- 194 ) Deed of Gurantee of
Rs.8,00,000/- 14. Complaint Letter to Sr. Inspector of Police
bearing Ref. No. MSZ/JJF/2016-17/60 received on 28.07.2016
by Plaintiff. 15. Advocate Notice 16. Statement of Account 17.
Particulars of claim. 18. Power of Attorney Adv. for Plaintiff
filed evidence closed pursis. Heard ld. Adv. for plaintiff.
F.R.S.R. Following order is passed - ORDER 1. Suit is
decreed with costs. 2. Defendants do pay jointly and severally
principal amount of Rs. 8,00,000/- with interest @ with
interest @ 10.15percent p.a. to the plaintiff till realization of
entire amount within three months. 3. It is declared that the
sums payable in terms of prayer clause (a) by the defendants
and validly secured in favour of the plaintiff by the personal
assets of the defendants so disclosed by them and plaintiff is
entitled to sell the same and realize and appropriate the net
sale proceeds towards their dues. 4. Defendants by
themselves, their servants and agents be restrained by an order
and injunction from in any manner selling or transferring or
assigning or alienating or encumbering or parties with
possesssion or creating 3rd party right or interest in the
moveable and immoveable properties so disclosed by
defendants. 5. Necessary Court fee stamp be refunded to the
plaintiff if rule permits. 6. Decree be drawn up accordingly.
Nature of Disposal : DECREED
Disposal Date : 06-03-2020
COURT 32 ASST SESSION JUDG
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