Order 1

Order Details: Ex-parte Judgement
Pdf Text: Exparte Judgment : 1 : Suit No.1738 of 2018
CNR No. MHCC010070702018
Lodged on :13.06.2018
Registered on :16.07.2018
Decided on :30.11.2019
Duration :01Y,04M,D14
Exhibit –24
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUIT NO. 1738 OF 2018
CANARA BANK,
A Body Corporate constituted
Under the Banking Companies
(Acquisition & Transfer of Undertaking)
Act, 1970, having its Head Office at
Bangalore – 560002, 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 years.
& Power of Attorney Holder. .. Plaintiffs
Versus
MR. VIKAS CHANDRAKANT JADHAV
PROP. M/S. SHREYASH TOURS & TRAVELS
Om sai Om Chawl No.2, Room No.10,
Sainath Nagar, Agasan Road, Saibaba Road,
Diva (East), Thane – 400 612 .. Defendants
Appearance :
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Exparte Judgment : 2 : Suit No.1738 of 2018
Ms. Purtran. Advocate for plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHRI. U. J. MORE.
(COURT ROOM NO. 31)
DATED : 30th NOVEMBER, 2019
Claim : Suit for recovery
: JUDGMENT :
1. Plaintiff filed the suit for recovery of Rs.8,39,418.00/
(Rupees Eight Lakh Thirty Nine Thousand Four Hundred and Eighteen
Only) with interest @ 9.7% p.a. (Rate of interest is floating from time to
time according to the Guidelines of the Banking) alongwith penal
interest.
2. Case of plaintiff in brief :
Plaintiff is a bank, constituted and functioning under the
Canara Bank Act, 1970. Defendant is the borrower and proprietor of
M/S SHREYESH TOURS & TRAVELS. Defendant approached the
plaintiff bank vide application dated 19.06.2015 for availing Vehicle
loan to purchase a Brand New Nissan Sunny XLD 5 seater Car for Rs.
11,22,026/ (Rupees Eleven Lakhs Twenty Two Thousand and paise 26
only) and Deed of Hypothecation dated 24.06.2015 Defendant
executed all the necessary documents in favour of plaintiff. Defendant
failed and neglected to repay the outstanding dues. Hence, plaintiff sent
legal notice dated 22.05.2018. But defendant failed and neglected to
repay the loan amount. As per the contention of the plaintiff bank
suit is within limitation. Hence, plaintiff filed suit for recovery of
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Exparte Judgment : 3 : Suit No.1738 of 2018
amount.
3. Inspite of summons, defendants failed to appear. Suit
proceeded exparte against defendant.
4. On aforesaid facts and circumstances, following points arise
for my determination. I have recorded my findings to them together
with reasons as under.
POINTS FOR DETERMINATION FINDINGS
1. Whether plaintiff bank proves that
an amount of Rs.8,39,418.00/
(Rupees Eight Lakhs Thirty nine
Thousand Four Hundred and
eighteen only) is due and payable
by defendants?
In the affirmative
2. Whether plaintiff bank is entitled
for recovery of Rs.8,39,418.00/
(Rupees Eight Lakhs Thirty nine
Thousand Four Hundred and
eighteen only) with interest @
9.07% p.a. along with penal
interest as prayed
In the partly
affirmative
3. What order and decree ? Suit is decreed as per final
order
: REASONS :
: As to Point Nos.1 to 3 :
5. In support of its contention, plaintiff bank filed an affidavit of
Nishant Sinha, Manager as PW 1 below Exh.7. Plaintiff bank relied on
documents Exh.9 – Power of Attorney Holder dated 24.04.2018,
Exh.10 Application Form dated 19 th June 2015, Exh.11 Loan
application and Interview Cum Appraisal Form for Transport Operators
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Exparte Judgment : 4 : Suit No.1738 of 2018
dated 24th June, 2015. Exh.12 – Letter of Defendant dated 24th June,
2015. Exh.13 Sanction Letter dated 24th June 2015. Exh.14 Letter of
Undertaking dated 24th June 2015, Exh.15 Deed of Hypothecation Re
Vehicle dated 24th June 2015, Exh.16 Plaintiffs Advocate Notice Dated
22.05.2018, Exh.17 – Postal Receipt, Exh. 18 – Return packet of the
Defendant as Remark “Unclaimed”, Exh.19 – RC Copy, Exh.20 –
Invoice of the dealer dated 15.05.2018, Exh.21 – Statement of Account,
Exh.22 – I.T. Certificate.
6. Plaintiff bank filed loan application form on record at Exh. 11
and Deed of Hypothecation at Exh. 15. According to Sanction letter
loan was sanctioned for Rs. 9,53,000/ (Rupees Nine Lacs Fifty three
Thousand Only) with interest. Copy of authority letter, Original loan
application form, Deed of Hypothecation, advocate Notice dated
22.05.2018 in the name of defendant and Returned unserved Envelope
containing Advocate Letter alongwith A.D. Card and Postal packet,
Statement of account and IT certificate are also filed on record.
Statement of account denotes that defendants had failed to repay the
loan. Legal notice dated 22.05.2018 was issued by the plaintiff.
Defendant failed to repay the amount.
7. Plaintiff bank had all the documents executed in their favour.
It is nationalized bank. There cannot be any doubt about the claim of
plaintiff bank considering the oral and documentary evidence. Due to
the absence of the defendant the pleadings and evidence filed on record
by plaintiff goes unchallenged. Further, the loan was sanctioned on
24.06.2015. The defendant made the last payment on 02.08.2017.
Notice was sent to defendants on 22.05.2018. The suit is filed on
16.07.2018. Thus, the suit is within limitation. Hence, considering this
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Exparte Judgment : 5 : Suit No.1738 of 2018
plaintiff bank is entitled to recover the loan amount. Plaintiff had
claimed the rate of interest at @ 9.07% p.a. along with penal interest.
The interest prayed is accordingly granted. Hence, considering this I
answer point no. 1 in the affirmative and 2 in the partly affirmative and
accordingly, pass the following order.
: ORDER :
1. Suit is decreed.
2. Defendants shall pay Rs. 8,39,418.00/ (Rupees Eight
Lacs Thirty Nine Thousand Four Hundred and eighteen
only) to plaintiff within 3 months from the date of suit
with interest @ 9% p.a. on principal amount till its
actual realization.
3. In the given circumstances, defendants to pay the cost to
plaintiff.
4. Defendants or any person claiming through them are
restrained by an order of injunction from alienating or
creating third party interest in the four wheeler
NISSAN SUNNY XLD 5 seater car having Chasis No.
MDHBDAN17F1301905, and Registration No. MH04 GD
4429 till the recovery of entire decreetal amount.
5. Plaintiff bank is entitled to take physical possession of
four wheeler NISSAN SUNNY XLD 5 seater car having
Chasis No. MDHBDAN17F1301905, and Registration No.
MH04 GD 4429 and to sale the said vehicle for
realization of the loan amount.
6. Decree be drawn up accordingly.
(U.J.MORE)
AdHoc Judge,
City Civil & Sessions Court,
Date: 30.11.2019 Gr. Mumbai
Dictated on : 30.11.2019
Transcribed on : 30.11.2019
Signed on : 30.11.2019
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Exparte Judgment : 6 : Suit No.1738 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 18.12.2019 at 11.00 a.m.
UPLOAD DATE AND TIME Mr. G. R. Suryawanshi
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Shri. U.J.More
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
30.11.2019
JUDGMENT/ORDER signed by P.O. on 30.11.2019
JUDGMENT/ORDER uploaded on 18.12.2019
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