Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 332/2020. 1 Ex-parte Judgment.
MHCC010075612018
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. 332 OF 2020
Exh.19.
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, 54 A
Dockyard Road, Mazgaon, Mumbai400 010
Through Officer Mr. Nishant Sinha ...Plaintiff
Versus
M/s. Deepali Vaibhav Tours & Travels
Through Prop. Mr. Vaibhav Dashrath Mahadik
Having Address at, 2 Ground Floor, Nanku Sethh
Chunabhatti Chawl, Datta Mandir Road, Sewri ...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. 332/2020. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.8,17,472/ (Rupees Eight
Lakhs Seventeen Thousand Four Hundred SeventyTwo 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 Skoda Rapid 5 seater. In view of
application submitted by defendant, plaintiff bank has sanctioned the
loan of Rs.9,50,000/ (Rupees Nine Lakhs Fifty Thousand Only) on
27/07/2015. Defendant has executed Form No.NF373 and
hypothecation documents. Defendant has purchased the vehicle
bearing No. MH01BT7418. 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. The hypothecated vehicle has
been sold by the plaintiff bank in public auction and amount of
Rs.4,05,000/ (Rupees Four Lakhs Five Thousand Only) has been
recovered from sale of the vehicle and the present suit is filed for
remaining amount of loan.
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.
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Comm.Suit No. 332/2020. 3 Ex-parte Judgment.
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 17. Defendant has executed the Deed of Hypothecation
vide Exh.10. In view of application submitted by the defendant
standing instructions came to be effected to the loan account vide
Exh.13. Perused account statement vide Exh.15.
6. Despite legal notice vide Exh.14, there is no repayment of
loan. Defendant is failed to appear despite due service of summons, it
infer that defendant admits the suit claim. The hypothecated vehicle
has been sold by the plaintiff bank in public auction and amount of
Rs.4,05,000/ (Rupees Four Lakhs Five Thousand Only) has been
recovered from sale of the vehicle. 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.8,17,472/ (Rupees
Eight Lakhs Seventeen Thousand Four Hundred Seventy
Two 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.
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Comm.Suit No. 332/2020. 4 Ex-parte Judgment.
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
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/01/2021. 4.45 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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