Order 1

Order Details: Ex-parte Judgement
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MHCC010075732018
Presented on : 25062018
Registered on : 11032019
Decided on : 26082021
Duration : Y M D
2 5 15
BEFORE THE CITY CIVIL COURT, MUMBAI
( Court No.14 )
(Presided Over by S. U. Hake)
COMMERCIAL SUIT NO.996 OF 2021
(SHORT CAUSE SUIT NO.648 OF 2019)
Ex.16
CANARA BANK, a body corporate )
Constituted under the Banking Companies )
[Acquisition and Transfer of Undertakings )
Act, 1970, having its Head office at 112, )
J.C.Road, Bangalore560 002, and one of )
its Branch Office amongst others known as )
Mazgaon Branch having address at All )
Saints Home Building, 54A, Dockyard Road,)
Ekta Nagar, Mazgaon, Mumbai400 010, )
in the State of Maharashtra, represented by )
Mr.Nishant Sinha Age: 25 Years, officer ) ..Plaintiff
VERSUS
1. M/s. Sai Tours and Travels )
(Proprietor Mr.Hari Vishwanath )
Gaud)Room No.02, Shanti Society )
Patra Shed, Opp. Mogul Lane, Magnet)
Mall, Mahim, Mumbai400 016 )
2. Mr.Hari Vishwanath Gaud )
(Proprietor of Sai Tours and )
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Travels) Room No.02, Shanti )
Society Patra Shed, Opp. Mogul)
Lane, Magnet Mall, Mahim, )
Mumbai400 016 ) ..Defendants
Ld. Advocate Shraddha Agrawal for plaintiff.
DefendantsIn person.
JUDGMENT
(Dated 26/08/2021)
1. Suit is for recovery of Rs.6,66,192/with interest @
11.70% p.a.
2. Briefly stated, plaintiff's case, is as under:
Plaintiff is a banking institution. Defendant No.1 is a
proprietorship firm. Defendant no.2 is the proprietor of
defendant no.1proprietorship firm. Defendants approached
plaintiff bank for vehicle loan of Rs.7.67 lakhs. Defendant made
application for advancement of loan on 07/09/2015. The
plaintiff bank sanctioned loan of Rs.7.67 lakhs to the defendants
for purchase of Toyota vehicle. The loan was to be repaid in 60
monthly installments of Rs.16,512/. Defendants also executed
necessary documents such as Letter of Undertaking, Letter of
evidencing of documents and Hypothecation of vehicle. However,
defendants failed to make the regular repayment of monthly
installments. Therefore, plaintiff bank send notice dated
12/06/2018 through advocate calling upon the defendants to pay
the outstanding amount. Inspite of service of notice, defendants
failed to make the payment. Hence, this suit.
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3. Defendants appeared in person, but, failed to file
their written statement. Therefore, as per order dated
05/11/2019, suit proceeded without written statement.
4. Following points arise for determination, findings
thereon for the reasons to follow are as under:
Sr.No. Points Findings
1. Does the plaintiff prove that
an amount of Rs.6,66,192/ is
outstanding against the
defendants?
Proved
2. Whether the plaintiff is
entitled to suit amount?
Yes
3. What order? Suit is 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 it's officer PW1 Pramod Singh(Ex.3).
He testified that loan amount of Rs.7.67 lakhs was disbursed to
the defendants. Defendants executed documents such as letter of
undertaking (Ex.07), letter evidencing execution of documents
(Ex.09) and Hypothecation deed(Ex.11).
6. The oral evidence of PW1 Pramod Singh is well
supported by the documents filed on record. The documents show
that loan amount of Rs.7.67 lakhs was disbursed to the
defendants as per loan sanction letter(Ex.7). The defendants
were required to repay the loan amount in 60 monthly
installments of Rs.16,512/. But, the statement of account (Ex.13)
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shows that defendants failed to make regular repayment of the
loan amount.
7. As discussed supra, the defendants 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.6,66,192/is outstanding against the
defendants. Therefore, plaintiff is entitled to get decree for the
said amount. Plaintiff bank claimed interest at the rate of 09.70%
p.a. plus 2% p.a.overdue interest. This is the rate of interest
agreed by the defendants. Therefore, plaintiff is also entitled to
the interest at the rate of 11.70% p.a. from the date of filing of
the suit till it's realization. Point No.1 and 2 are answered
accordingly. In the result, following order:
ORDER
1. Suit is decreed with costs.
2. Defendants shall pay the amount of Rs.6,66,192 /
(Six Lakhs Sixty Six Thousand One Hundred Ninety
Two only)alongwith interest @ 11.70% p.a. from the
date of the suit till it's realization within two
months.
3. Decree thus follow.
26/08/2021 S.U.HAKE
JUDGE,
CITY CIVIL COURT,
GR.MUMBAI.
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Dictated on : 26/08/2021
Transcribed on : 26/08/2021
Signed on : 26/08/2021
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.
26/08/21 at 05.30 pm.
Mrs.Tanushree C.Kamble
Name of the Judge HHJ SHRI SU Hake
Date of Pronouncement of
judgment/order
26/08/21
Judgment and order signed by P.O. 26/08/21
Judgment/order uploaded on 26/08/21
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