Order 1

Order Details: Copy of Judgment
Pdf Text: : 1 : Suit No.2023 of 2018
CNR No. MHCC010070932018
Lodged on : 14.06.2018
Registered on : 07.08.2019
Decided on : 30.01.2019
Duration : 00 Y 07 M 17 D
Exhibit –24
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C. SUIT NO. 2023 OF 2018
Union Bank of India,
a body corporate constituted
Under the Banking Companies
(Acquisition and Transfer of Undertakings)
Act V, 1970 and having its Head Office at
239, Union Bank Bhavan, Union Bank Marg,
Nariman Point, Mumbai 400 021 and
Amongst it's one of the Branch at Union Bank
of India Ashoka Complex, Ranade Road,
Dadar (West) Branch, Dadar,
Mumbai – 400 028 Through its authorized
Officer, Mr. Moreshwar Kashinath Jangle,
Chief Manager of the Dadar (West) Branch,
Mumbai – 400 028. .. Plaintiff
Versus
Prashant Anant Shirke
an adult of Mumbai Indian Inhabitant
carrying on the business as a Sole
Proprietor in the name and style of
M/s. A P Tours & Travels having place of
business at 410, Sai Krupa Cooperative
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Housing Society Limited, Navghar Road,
Near Lokmanya Vidhyalaya, Jain Mandir,
Bhayander (East), Thane – 401105. .. Defendant
Appearance :
Ld. Advocate Pratibha Mehta for plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 30.01.2019
Claim : Suit for recovery
: JUDGMENT :
1. Plaintiff filed the suit for recovery of Rs. 5,77,534.80 with
interest @ 12.65% p.a. alongwith penal interest.
2. Case of plaintiff in brief :
Plaintiff is a body corporate Constituted under the Banking
Companies (Acquisition and Transfer of Undertakings) Act V, 1970.
Defendant carrying on the business as a sole proprietor in the firm
name and style of M/s. A P Tours & Travels and he is a borrower.
Defendant plying vehicle with UBER to provide transport service in city
of Mumbai. Defendant applied to the plaintiff bank for loan for
purchase of tourist car Hyundai Xcent to ply vehicle with UBER. On
request of the defendant, plaintiff sanctioned loan vide sanction letter
dated 31.03.2016 for Rs. 5,86,000/. The defendant executed all the
necessary documents in favour of plaintiff. Defendant failed and
neglected to repay the loan amount. Hence, plaintiff filed suit for
recovery of amount. As per the contention of the plaintiff bank suit
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is within limitation.
3. Inspite of summons, defendant 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. 5,77,534.80 is
due and payable by defendant? In the affirmative
2. Whether plaintiff bank is entitled
for recovery of Rs. 5,77,534.80
with interest @ 12.65% p.a. along
with penal interest as prayed ?
In the 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 Moreshwar Kashinath Jangle as their witness. He relied upon
sanction letter, demand promissory note, letter of continuity,
Hypothecation of vehicles agreement, agreement on rate of interest,
letter of guarantee. All the documents filed by plaintiff shows that
defendant had applied for loan which was sanctioned and disbursed.
Statement of account denotes that defendant had failed to repay the
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loan. Demand notice was issued by the plaintiff. Defendant failed to
repay the amount.
6. 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
31.03.2016. Demand notice issued on 10.03.2017 and thereafter
possession notice was sent to defendant on 16.05.2017. The suit is filed
on 14.06.2018. Thus, the suit is within limitation. Hence, considering
this plaintiff bank is entitled to recover the loan amount. Plaintiff had
claimed the rate of interest at @ 12.65% p.a. along with penal interest.
The interest prayed is accordingly granted. Hence, considering this I
answer points no. 1 and 2 in the affirmative and accordingly, pass the
following order.
: ORDER :
1. Suit is decreed.
2. Defendant shall pay Rs. 5,77,534.80 to plaintiff within 3
months from the date of suit with interest @ 12.65% p.a.
on principal amount till its actual realization.
3. In the given circumstances, defendant to pay the cost to
plaintiff.
4. Defendant or any person claiming through him are
restrained by an order of injunction from alienating or
creating third party interest in the Hypothecated
Hyundai Xcent Vehicle, Registration No. MH04GD8955
till the recovery of entire decreetal amount.
5. Plaintiff bank is entitled to take physical possession of
Hypothecated Hyundai Xcent Vehicle, Registration No.
MH04GD8955 and to sale the said vehicle for realization
of the loan amount.
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6. Decree be drawn up accordingly.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 30.01.2019 Gr. Mumbai
Dictated on : 30.01.2019
Transcribed on : 30.01.2019
Signed on : 30.01.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 30.01.2019 at 5.30 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
30.01.2019
JUDGMENT/ORDER signed by P.O. on 30.01.2019
JUDGMENT/ORDER uploaded on 30.01.2019
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