Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010073522018
Presented on : 20-06-2018
Registered on : 01-09-2018
Decided on : 12-08-2021
Duration : One year, 11 months,
19 days.
IN THE MUMBAI CITY CIVIL COURT AT GR. MUMBAI.
COMMERCIAL SUIT NO.936 OF 2021
(SHORT CAUSE SUIT NO.2342 OF 2018)
Presided Over by HHJ Shri. S. U. Hake
Ex.20
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 )
Mazgaon Mumbai400 010 )
The suit is filed by Mr.Nishant Sinha )
Probationary Officer & Power of )
Attorney Holder ) ..Plaintiff
VERSUS
Mr.Amit Sunil Shejwal )
not known )
Prop of M/s. MALHAR ENTERPRISES )
Vijayshree CHS, Anjali Bldg, R.No.C5 )
Plot No.40, Nath Pai Nagar )
Ghatkopar(East), Rajawadi )
Mumbai400 077 ) ..Defendant
-- 1 of 5 --
2
Ld. Advocate Jyotsna Putran for plaintiff.
Defendant absent. None for him.
JUDGMENT
1. Suit is for recovery of Rs.6,07,214/with interest @
11.7% p.a.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff is a banking institution. Defendant
approached plaintiff bank for vehicle loan of Rs.9.5 lakhs.
Defendant made application for advancement of loan on
24/06/2015. The plaintiff bank sanctioned loan of Rs.9.5 lakhs
to the defendant for purchase of vehicle. Defendant purchased
vehicle bearing registration No. MH03BC3521. The loan was to
be repaid in 60 monthly installments of Rs.20,811/. The
defendant also executed necessary documents such as Letter of
Undertaking and Hypothecation of vehicle. The defendant failed
to make the regular payment of monthly installments. Therefore,
plaintiff bank sent notice dated 07/06/2018 through advocate
calling upon the defendant to pay the outstanding amount.
Inspite of service of notice, defendant failed to make the payment.
Hence, this suit.
3. The suit summons were deemed to be served to
defendant as per service affidavit(Ex.4). But, defendant failed to
tender his appearance before the Court, therefore suit proceeded
exparte as per order dated 28/06/2019.
4. Following points arise for determination, findings
thereon for the reasons to follow are as under:
-- 2 of 5 --
3
Sr.No. Points Findings
1. Does the plaintiff prove that
an amount of Rs.6,07,214/ is
outstanding against the
defendant?
Proved
2. Whether the plaintiff is
entitled to suit amount?
Yes
3. What order? Suit is partly decreed as
per final order.
REASONS
Point Nos.1 and 2
5. In order to substantiate the claim, plaintiff bank has
filed evidence affidavit of its officer PW1 Nishant Sinha. He
testified that loan amount of Rs.9.5 lakhs was disbursed to the
defendant. The defendant executed documents such as letter of
undertaking (Ex.12), Hypothecation deed(Ex.13) and letter
evidencing execution of documents(Ex.14).
6. The evidence of the plaintiff bank is well supported
by the documents filed on record. The documents show that loan
amount of Rs.9.5 lakhs was disbursed to the defendant as per
loan sanction letter. The defendant was required to repay the
loan amount in 60 monthly installments of Rs.20811/ per month.
But, the statement of account (Ex.18) shows that defendant failed
to make regular repayment of the loan amount.
7. As discussed supra, the defendant failed to contest
the suit and therefore the evidence adduced by the plaintiff bank
remain unchallenged. From the plaintiff's evidence, it is proved
that an amount of Rs.6,07,214/is outstanding against the
defendant. Thus, the plaintiff proved that an amount of
-- 3 of 5 --
4
Rs.6,07,214/ is outstanding against the defendant. Therefore,
plaintiff is entitled to get decree for the said amount. Plaintiff
bank claimed interest at the rate of 9.7% p.a. plus 2% p.a.overdue
interest. This is the rate of interest agreed by the defendant.
Therefore, plaintiff is also entitled to the interest at the rate of
11.7% p.a. from the date of filing of the suit till it's realization.
Hence, Point No.1 and 2 are answered accordingly. In the result,
following order:
ORDER
1. Suit is partly decreed with costs.
2. Defendant shall pay the amount of Rs.6,07,214/
(Six Lakhs Seven Thousand Two Hundred Fourteen
only)with interest @ 11.7% p.a. from the date of the
suit till it's realization within two months.
3. Decree thus follow.
12/08/2021 S.U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 12/08/2021
Transcribed on : 12/08/2021
Signed on : 12/08/2021
-- 4 of 5 --
5
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
12/08/21 at 05.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
12/08/21
Judgment and order signed by P.O. 12/08/21
Judgment/order uploaded on 12/08/21
-- 5 of 5 --