Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 178/19. 1 Ex-parte Judgment (Exh.18).
MHCC010072192019
Presented on : 11-07-2019
Registered on : 07-11-2019
Decided on : 20-11-2021
Duration : 2 years, 4 months, 9 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 178 OF 2019
Exh.18.
Canara Bank, a body corporate )
Constituted under the Banking Companies )
(Acquisition & Transfer of Undertakings) Act, )
1970 having its Head Office at 112, J. C. Road, )
Bangalore– 560 002, and one of its Branch Office )
amongst others known as Mazagaon Branch )
having address at All Saints Home Building, 54 A, )
Dockyard Road, Ekta Nagar, Mazagaon, )
Mumbai400010, in the State of Maharashtra, )
represented by Mr. Nishant Sinha )
Age: 25 Years, Probationary Officer )...Plaintiff
Versus
1. M/s Shivshakti Tours and Travels )
(Proprietor Mrs. Sangeeta Khurshed Baldawala) )
D302, 3 rd Floor, CWing, )
Laxmi Pooja Apartment, J.R. Boricha Marg, )
Arthur Road Jail, Jacob Circle, )
Mumbai400 011 )
2. Mrs. Sangeeta Khurshed Baldawala )
(Proprietor of M/s Shivshakti Tours and Travels) )
Age Not Known, Adult, OccupationNot Known )
D302, 3 rd Floor, CWing, )
Laxmi Pooja Apartment, J.R. Boricha Marg, )
Arthur Road Jail, Jacob Circle, )
Mumbai400 011 )...Defendants
-- 1 of 5 --
Comm.Suit No. 178/19. 2 Ex-parte Judgment (Exh.18).
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 20th NOVEMBER, 2021.
Shri Rishabh Mishra, Advocate for the plaintiff.
Defendants – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a body corporate constituted under
the Banking Companies (Acquisition & Transfer of Undertakings) Act,
1970, having its branch office at Mazagaon. Constituted Attorney
Nishant Sinha filed the suit for the plaintiff bank. Defendant no.1 is a
proprietary concern represented by proprietor defendant no.2. On an
application dated 31/10/2015 of the defendants, the plaintiff had
sanctioned term loan of Rs.7,67,000/ under Canara MSE Pragati
Scheme to the defendants for purchasing Toyota Etios GD 5 car on
31/10/2015. Accordingly, sanction letter was issued on 31/10/2015.
The defendants also executed other documents including Deed of
Hypothecation of the vehicle. Though the loan amount was to be
repaid with monthly installments within period of 60 months with
interest at the rate of 9.70% p.a., the defendants committed breach in
repayment of the loan amount. Then, legal notice was issued on
06/08/2018 calling upon the defendants to pay outstanding amount,
but the defendants failed to make payment. Hence, the plaintiff filed
the suit for recovery of outstanding amount of Rs.5,98,071.28 as on
-- 2 of 5 --
Comm.Suit No. 178/19. 3 Ex-parte Judgment (Exh.18).
31/05/2019 with further interest at the rate of 9.70% p.a. with monthly
rests plus 2% penal interest from the date of filing of the suit till the
date of realization with costs of the suit.
3. The defendants are duly served with writ of summons as
per affidavit of service (Exh.3), but they failed to appear and oppose the
claim of the plaintiff. Therefore, I passed the exparte order against
them on 07/10/2021.
4. PW 1 Pramod Kumar Singh, Officer of the plaintiff bank
deposed on evidence affidavit (Exh.4) and proved documents filed with
list of documents (Exh.5). Proved documents are at Exh.7 to 16. The
plaintiff closed evidence vide pursis (Exh.17). Heard learned counsel
Shri Rishabh Mishra for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.5,98,071.28 from the defendants ? If
yes, at what rate of interest ? In the Affirmative.
@ 9.70% p.a. with
monthly rest.
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is partly
decreed.
-- 3 of 5 --
Comm.Suit No. 178/19. 4 Ex-parte Judgment (Exh.18).
REASONS
AS TO POINT NOS.1 AND 2 :
6. PW 1 Pramod Kumar Singh has specifically stated that the
loan amount enumerated in the plaint was sanctioned for purchasing
the vehicle to the defendants. The said vehicle is also hypothecated as
per Exh.12. As the defendants failed to make payment, legal notice
(Exh.14) was issued to the defendants. Even then, the defendants
neglected to make payment of outstanding loan amount as stated in
statement of account (Exh.15). In short, claim of the plaintiff is proved
from oral as well as documentary evidence on record.
7. So far as interest rate is concerned, the plaintiff has claimed
interest within the range of interest as per terms of the agreement with
the defendants. There is no hurdle in the way of granting interest as
demanded by the plaintiff. It does not appear to be appropriate to grant
2% penal interest because defendant no.2 had obtained loan for
purchasing the vehicle in order to earn her livelihood. Costs of the suit
is liable to be imposed on the defendants. In the light of above
discussion, I record my finding as to point no.1 in the affirmative.
Hence, I pass the following order :
ORDER
1. Commercial Suit No. 178/2019 is partly decreed.
2. The defendants are directed to pay amount of
Rs.5,98,071.28 (Rupees Five Lakhs Ninetyeight Thousand
Seventyone and Paise Twentyeight Only) to the plaintiff
with interest @ 9.70% p.a. with monthly rest from the date
of the suit till the date of realization within three months
from the date of decree.
3. The defendants shall bear the costs of the suit.
-- 4 of 5 --
Comm.Suit No. 178/19. 5 Ex-parte Judgment (Exh.18).
4. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 20/11/2021. Mumbai.
1. Dictated online on : 20/11/2021.
2. Signed on : 20/11/2021.
3. 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
20/11/2021. 5.09 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 20/11/2021.
Judgment/Order signed by P.O. on 20/11/2021.
Judgment/Order uploaded on 20/11/2021.
-- 5 of 5 --