Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 319/2020. 1 Ex-parte Judgment.
MHCC010070652018
Presented on : 13-06-2018
Registered on : 16-07-2018
Decided on : 28-01-2021
Duration : 2 years, 7 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 319 OF 2020
Exh.21.
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 & Power of Attorney
Holder) ...Plaintiffs
Versus
Mrs. Suman Ramavtar Saini, age not known,
Prop. of M/s. Suman Tours & Travels
A05, Jay Shiv Jyot CHS Ltd.,
A Wing Kasturi Park, Navghar Road,
Bhayander (East), Dist – Thane – 401105 ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 28th JANUARY, 2021.
Mr. S.V.Sule, Advocate for Plaintiffs.
None for Defendant. (Exparte).
-- 1 of 4 --
Comm.Suit No. 319/2020. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.8,60,345/ (Rupees Eight
Lakhs Sixty Thousand Three Hundred Fortyfive Only) with interest at
the rate of 11.7% p.a. This is a suit for recovery of vehicle loan based
on account extract and hypothecation deed.
2. Plaintiff is a banking institute. Defendant runs a business
of travel agency. Defendant has applied the plaintiff bank for vehicle
loan 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.9,38,000/ (Rupees Nine Lakhs Thirtyeight
Thousand Only) on 23/07/2015. It was agreed to repay the loan in 60
E.M.I. of Rs.20,550/ (Rupees Twenty Thousand Five Hundred Fifty
Only) per month. Defendant has executed Letter of Undertaking re
Loan / Advance and Deed of Hypothecation dated 22/07/2015.
Defendant has purchased the vehicle bearing No. MH04GD4836 and
agreed to hypothecate the same with plaintiff bank. Defendant is failed
to repay the loan as agreed. Despite repeated demand and a notice
dated 22/05/2018, defendant is failed to repay the loan. Hence, this
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.
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 17. Defendant has executed the Letter of
-- 2 of 4 --
Comm.Suit No. 319/2020. 3 Ex-parte Judgment.
Undertaking reLoan / Advance dated 22/07/2015 vide Exh.10 and
Deed of Hypothecation dated 22/07/2015 vide Exh.11. In view of
application submitted by the defendant, loan was sanctioned vide letter
dated 23/07/2015 which is at Exh.9. Perused account statement vide
Exh.16. In view of certified copy of R.C.Book, the vehicle was
hypothecated to the plaintiff bank.
5. Despite legal notice vide Exh.12, there is no repayment of
loan. Defendant is failed to appear despite due service of summons, it
infer that defendant admits the suit claim.
6. Plaintiff bank has filed affidavit of Ms. Jayita Sur, Manager
of plaintiff bank, alognwith documents at Exh.20. It is stated that the
hypothecated vehicle was sold in auction in the month of October 2019
for Rs.1,32,000/ (Rupees One Lakh Thirtytwo Thousand Only) and
said amount is adjusted to the loan account of the defendant. Now
outstanding liability of the said account is Rs.10,27,270/ (Rupees Ten
Lakhs Twentyseven Thousand Two Hundred Seventy Only) which is to
be recovered from the defendant. In result, suit deserves to be decreed
with cost.
7. Interest claimed at the rate of 11.7% p.a. appears to be
reasonable. Hence, the order :
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay an amount of Rs.10,27,270/ (Rupees
Ten Lakhs Twentyseven Thousand Two Hundred Seventy
Only) with interest @ 11.7% p.a. from the date of
judgment till realization, within two months from the date
of decree.
-- 3 of 4 --
Comm.Suit No. 319/2020. 4 Ex-parte Judgment.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 28/01/2021. Mumbai.
1. Dictated on : 28/01/2021.
2. Transcribed on : 30/01/2021.
3. Signed on : 30/01/2021.
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
02/02/2021. 5.22 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 28/01/2021.
Judgment/Order signed by P.O. on 30/01/2021.
Judgment/Order uploaded on 02/02/2021.
-- 4 of 4 --