Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 251/2021. 1 Ex-parte Judgment.
MHCC010070622018
Presented on : 13-06-2018
Registered on : 16-07-2018
Decided on : 26-03-2021
Duration : 2 years, 9 months, 13 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 251 OF 2021
Exh.20.
Canara Bank, a Banking Company, )
constituted and functioning under the )
provisions of the Banking Companies )
(Acquisition and Transfer of Undertakings )
Act, 1970, having their Central Office at )
Bangaluru, Pin 560 002, an, Karnataka )
State and a Branch Office at All saints )
Home building 54A, Dockyard Road, )
Mazagaon Mumbai – 400010 )
The suit is filed by Mr. Nishant Sinha )
Probationary Officer, Age 25 yrs. )
& Power of Attorney Holder) )
Bangalore, Karnataka State and a Branch )
Office at Dockyard Road, Mazgaon, )
Mumbai – 400010 )...Plaintiffs
Versus
Mr. Deepak Surve, age not known, )
Prop of – M/s. Sneha Tours & Travels )
149, Wagheshwari, Nagar, )
S.D.Lanjekar Marg, )
Parel, Mumbai – 400 012 )...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 26th MARCH, 2021.
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Comm.Suit No. 251/2021. 2 Ex-parte Judgment.
Mr. Vaibhav Kamble with Ms. Jyotsna Putharan, Advocate for Plaintiff.
None for Defendant. (Exparte).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.5,63,949.04 (Rupees Five
Lakhs Sixtythree Thousand Nine Hundred Fortynine and Paise Four
Only) with interest at the rate of 11.7% p.a. This is a suit for recovery
of vehicle loan based on statement of account and deed of
hypothecation.
Plaintiffs' case is narrated as follows :
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 car. In view of
application submitted by defendant, plaintiff bank has sanctioned the
loan of Rs.9,49,000/ (Rupees Nine Lakhs Fortynine Thousand Only)
on 24/06/2015. It was agreed to repay the loan in 60 EMIs of
Rs.20,783/ (Rupees Twenty Thousand Seven Hundred Eightythree
Only) per month. Defendant has executed Letter of Undertaking Re
Loan/Advance and deed of hypothecation. Defendant has purchased
the vehicle bearing No. MH01BT5790. Defendant is failed to repay
the loan as agreed. Despite repeated demand and a notice dated
23/05/2018, 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. To support the plaint, PW 1 Nishant Sinha submitted claim
affidavit vide Exh.3. Various documents alongwith list vide Exh.4 are
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Comm.Suit No. 251/2021. 3 Ex-parte Judgment.
marked from Exh.5 to 18. Loan application dated 18/06/2015
submitted by the defendant is at Exh.6. The loan was sanctioned by the
plaintiff bank vide sanction letter dated 24/06/2015 which is at Exh.8.
In view of application submitted by the defendant, standing instructions
came to be effected to the loan account vide Exh.9. Defendant has
executed the Letter of Undertaking re Loan / Advance dated
24/06/2015 vide Exh.10 and Deed of Hypothecation dated
24/06/2015 vide Exh.11. The copy of R.C. book is at Exh.14. Perused
copy of bank passbook at Exh.16 and statement of account at Exh.17.
Defendant failed to repay the loan as agreed. Therefore, on
23/05/2018 the plaintiff issued legal notice to the defendant for the
repayment of the loan. It is marked as Exh.15.
5. Despite legal notice vide Exh.15, there is no repayment of
loan. Defendant is failed to appear despite due service of summons, it
infers that defendant admits the suit claim. In result, suit deserves to be
decreed with cost. Hence, the order :
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.5,63,949.04 (Rupees
Five Lakhs Sixtythree Thousand Nine Hundred Fortynine
and Paise Four Only) with interest @ 11.7% 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 : 26/03/2021. Mumbai.
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Comm.Suit No. 251/2021. 4 Ex-parte Judgment.
1. Dictated on : 26/03/2021.
2. Transcribed on : 01/04/2021.
3. Signed on : 01/04/2021.
4. 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
01/04/2021. 4.50 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 26/03/2021.
Judgment/Order signed by P.O. on 01/04/2021.
Judgment/Order uploaded on 01/04/2021.
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