Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 335/2020. 1 Ex-parte Judgment.
MHCC010075562018
Presented on : 25-06-2018
Registered on : 04-09-2018
Decided on : 20-01-2021
Duration : 2 years, 6 months, 25 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 335 OF 2020
Exh.20.
Canara Bank,
A Banking Company incorporated under the
Banking Companies (Acquisition and Transfer
of undertaking) Act, 1970 having their Head
Office at Bangalore – 569 992 and Branch
Office at All Saints Home Building, 54A
Dockyard Road, Mazgaon, Mumbai400 0010
Through Officer Mr. Nishant Sinha ...Plaintiff
Versus
M/s. Rajesh Tours & Travels
Through Prop – Mr. Rajesh Prabhakar Chavan
Having Address at, Gianna CHS, Flat No. 104,
Plot No.2A, Sector 34/A, Kharghar,
Mumbai 410210 ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 20th JANUARY, 2021.
Ms. Fatima Lakdawala, Advocate for Plaintiff.
None for Defendant. (Exparte).
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Comm.Suit No. 335/2020. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.8,17,169/ (Rupees Eight
Lakhs Seventeen Thousand One Hundred Sixtynine Only) with interest
at the rate of 12.05% p.a. This is a suit for recovery of vehicle loan
based on account extract and hypothecation documents.
2. Plaintiff is a banking institute. Defendant runs a business
of travel agency. Defendant has applied the plaintiff bank for
purchasing a vehicle namely Toyota Etios GD 5 seater. In view of
application submitted by defendant, plaintiff bank has sanctioned the
loan of Rs.7,33,000/ (Rupees Seven Lakhs Thirtythree Thousand
Only) on 15/09/2015. Defendant has executed Form No.NF373 and
hypothecation documents. Defendant has purchased the vehicle
bearing No. MH46AD1229. Defendant is failed to repay the loan as
agreed. Despite repeated demand and a notice dated 23/03/2018,
defendant is failed to repay the loan. Hence, the suit.
3. Suit summons is duly served on defendant vide Exh.2.
Defendant is failed to appear. Hence, the suit is proceeded exparte
against the defendant.
4. PW 1 Nishant Sinha submitted claim affidavit vide Exh.3.
However, he was transferred to another branch. Hence, plaintiff bank
has submitted affidavit of another witness.
5. PW 2 Ms. Jayita Sur submitted claim affidavit vide Exh.5. It
is supported with various relevant documents. Copy of loan application
is at Exh.6. Various documents alongwith list vide Exh.4 are marked
from Exh.7 to 18. Defendant has executed the Deed of Hypothecation
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Comm.Suit No. 335/2020. 3 Ex-parte Judgment.
vide Exh.10. In view of application submitted by the defendant
standing instructions came to be effected to the loan account vide
Exh.13. Insurance policy is at Exh.14. Perused account statement vide
Exh.16.
6. Despite legal notice vide Exh.15, there is no repayment of
loan. Defendant is failed to appear despite due service of summons, it
infer that defendant admits the suit claim. In result, suit deserves to be
decreed with cost.
7. Interest at the rate of 12% p.a. appears to be reasonable.
Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendant shall pay an amount of Rs.8,17,169/ (Rupees
Eight Lakhs Seventeen Thousand One Hundred Sixtynine
Only) with further interest @ 12% p.a. from the date of suit
till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 20/01/2021. Mumbai.
1. Dictated on : 20/01/2021.
2. Transcribed on : 22/01/2021.
3. Signed on : 22/01/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 335/2020. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/01/2021. 4.47 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 20/01/2021.
Judgment/Order signed by P.O. on 22/01/2021.
Judgment/Order uploaded on 22/01/2021.
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