Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Lodged on : 12.07.2019
Registered on : 16.08.2019
Decided on : 30.01.2020
Duration : 0Y 3M 16D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
COMMERCIAL SHORT CAUSE SUIT NO. 84 OF 2019
(CNR NO.MHCC01-007266-2019)
Bank of Baroda, a body )
Corporate, constituted under the )
Banking Companies (Acquisition and )
Transfer of Undertakings) Act V-1970 )
having their Head Ofce at Mandvi, )
Baroda, Gujrat State and their Branch )
Ofce at, LBS Road Kur a Branch, )
5, So anki Apartment, LBS Road, )
Kur a(W), Mumbai-400 070 )... P aintifs.
Versus
1.M/s. Malhar Motors )
Through a Proprietor )
Mr.Ashish Mayappa Bandgar )
Shop no.7, Kirti Vihar Chs. )
LBS Marg, Opp Asiad Hote )
Ghatkopar(W), Mumbai-400068. )
2. Mr.Ashish Mayappa Bandgar )
Shop No.7, Kirti Vihar Chs, )
LBS Marg, Opp Asiad Hote )
Ghatkopar(W), Mumbai-400068. )...Defendants.
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Appearance:-
Ld.Advocate Ms.Pooja Ma i for p aintifs.
Defendant absent.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :30/01/2020 (C.R.No.31)
JUDGMENT
This is a commercia suit f ed by the p aintifs for
recovery of amount of Rs.4,19,036/-(Rupees Four Lacs
Nineteen Thousand And Thirty Six On y) against the
defendants.
Brief facts of the plaintifs case are as under:-
2. The p aintifs are a body corporate constituted under the
Banking Companies (Acquisition and Transfer of Undertakings)
Act-V of 1970. The defendant no.1 app ied through its
proprietor to the p aintifs for Cash Credit Faci ity of
Rs.4,50,000/-. The p aintifs sanctioned said Cash Credit
Faci ity of Rs.4,50,000/- to defendant no.1 on terms and
conditions mentioned in the etter of sanction. The p aintifs
agreed to disburse oan amount of Rs. 4,50,000/- to the
defendant on executing the concerned documents.The
defendant no.2 has executed Genera Form of Guarantee in
favour of the p aintifs bank in his persona capacity.
3. The p aintifs requested to the defendants to pay the
outstanding under the said Cash Credit Faci ity on various
dates. Inspite of repeated requests and demands, the
defendants fai ed and neg ected to pay the outstanding under
the said oan. Thereafter, the p aintifs through their
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Advocate's issued notice dated 07/02/2019, ca ed upon the
defendants to pay the outstanding under the said Cash Credit
Faci ity. The p aintifs have maintained account in respect of
said Cash Credit Faci ity in their usua course of business and
as per statement of accounts a sum of Rs. 4,19,036/- is due
and payab e by the defendants to the p aintifs under the said
Cash Credit Faci ity with interest at the rate of 9.35% p.a. with
Month y rest as on date of f ing of the suit. Hence, this suit for
recovery of amount of Rs. 4,19,036/-.
4. Suit summons is du y served on the defendants. Despite
of service of summons, the defendants fai ed to appear before
the Court. Therefore, on 26/11/2019, exparte order passed
against the defendants.
5. Heard Ld.Advocate Ms.Pooja Ma i for p aintifs. In view of
the p eadings of the p aintifs, fo owing points arise for my
determination. I have recorded, my fndings a ongwith reasons
are as fo ows.
Sr.Nos. Points Findings
1 Whether the p aintifs prove that
the amount of Rs.4,19,036/- is due
against the defendants ?
-yes-
2 Are p aintifs entit ed to recover
tota amount of Rs.4,19,036/- with
further interest at the rate of 9.35%
p.a. from the defendants?
-yes-
3 Whether p aintifs prove that the
defendants are joint y and severa y
iab e to pay decreeta amount?
-yes-
4 What order and decree ? As per fna order
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REASONS
6. In order to prove case of the p aintifs, the p aintifs have
examined on y one witness Mr.Vikaram Tukaram Gotam,
Branch Manger of P aintifs bank as P.W.1 by way of evidence
afdavit at Exhibit-6. The p aintifs have produced
documentary evidence under ist of documents at Exhibit-7.
The ora as we as documentary evidence of p aintifs bank
has gone uncha enged.
AS TO POINT NOS. 1 TO 3:-
7. On scrutiny of the testimony of the P.W.1-Mr.Vikaram
Tukaram Gotam, it appears that this evidence afdavit of the
p aintif is nothing but it is reproduced of the contents of the
p aint. In the evidence of P.W.1, he has stated that the
defendant no.1 app ied through its proprietor to the p aintifs
for Cash Credit Faci ity of Rs.4,50,000/-. The p aintifs
sanctioned said Cash Credit Faci ity of Rs.4,50,000/- to
defendant no.1 on terms and conditions mentioned in the
etter of sanction. The p aintifs agreed to disburse oan
amount of Rs. 4,50,000/- to the defendant on executing the
concerned documents. The defendant no.2 has executed
Genera Form of Guarantee in favour of the p aintifs bank in
his persona capacity. The p aintifs requested to the
defendants to pay the outstanding under the said Cash Credit
Faci ity on various dates. Inspite of repeated requests and
demands, the defendants fai ed and neg ected to pay the
outstanding under the said oan. Thereafter, the p aintifs
through their Advocate's notice dated 07/02/2019, ca ed upon
the defendants to pay the outstanding under the said Cash
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Credit Faci ity. The p aintifs have maintained account in
respect of said Cash Credit Faci ity in their usua course of
business and as per statement of accounts a sum of Rs.
4,19,036/- is due and payab e by the defendants to the
p aintifs under the said Cash Credit Faci ity with interest at
the rate of 9.35% p.a. with Month y rest as on date of f ing of
the suit. Hence, this suit for recovery of amount of
Rs. 4,19,036/-.
8. In support of ora evidence of the p aintifs, the p aintifs
have produced documentary evidence under ist of documents
at Exhibit-7. The documents are as Letter of sanction dtd.
29/04/2016 at Exh.8,Demand Promissory Note dtd.30/04/2016
at Exh.9, Letter of So e Proprietorship dtd. 30/04/2016 at
Exh.10, Composite Undertaking Cum Dec aration dtd
30/04/2016 at Exh.11, Composite Hypothecation agreement
dtd. 30/04/2016 at Exh.12, Letter of continuing security
dtd.30/04/2016 at Exh.13, Genera form of Guarantee dtd.
30/04/2016 at Exh.14, Advocate's Notice dtd. 07/02/2019 at
Exh.15, Statement of Account dtd.11/02/2015 at Exh.16 and
Authority Letter dtd. 13/02/2019 at Exh. 17.
9. It is pertinent to note that ora as we as documentary
evidence of the p aintifs have gone uncha enged. Therefore, I
am of the opinion that the p aintifs are entit ed to recover
tota amount of Rs.4,19,036/- with further interest at the rate
of 9.35% p.a. from the defendants. Therefore, I have answered
point nos.1 to 3 are in afrmatives. Hence, I proceed to pass
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fo owing order.
ORDER
1. The suit of the p aintifs is hereby decreed with costs.
2. The defendant nos.1 and 2 sha pay joint y and
severa y tota amount of Rs.4,19,036/- to the p aintifs
bank with further interest at the rate of 9.35% p.a. from
the date of f ing of suit ti the date of payment or
rea ization.
3. Decree be drawn up according y.
Date : - 30/01/2020 (R.V.Kokare)
Judge,
City Civi Court, Gr. Bombay.
Dictated on : 30/01/2020
Transcribed on : 30/01/2020
Signed by HHJ: : 06/02/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06/02/2020 Mrs. V.V.Ma gaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
30/01/2020
Judgment/order signed by P.O on 06/02/2020
Judgment/order up oaded on 06/02/2020
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