Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: S.C.Suit No. 2124/18. 1 Ex-parte Judgment.
Filed on : 27/06/2018.
Registered on : 16/08/2018.
Decided on : 18/10/2019.
Duration : Years Months Days.
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 2124 OF 2018
(CNR NO. MHCC010076552018)
Punjab National Bank, a body
Corporate, Constituted and established
Under the provisions of the Banking
Companies (Acquisition and Transfer of
Undertakings) Act, 1970, and having its
Head Office at 7, Bhikhaiji Cama Place
New Delhi – 110607 and also
among other branches
having one of its Branch Office at
Kurla (W), Mumbai – 400070 ...Plaintiff
Versus
Telang Tours and Travels,
Prop : Yogesh B. Telange,
7/10, Mainkwadi No.1,
Manmala Tank Road,
Matunga (W), Mahim, Mumbai – 400016 ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 18th OCTOBER, 2019.
Mr. John Daniel, Advocate for Plaintiff.
None for Defendant.
JUDGMENT
This is a suit for recovery of Rs.9,02,192/ (Rupees Nine
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S.C.Suit No. 2124/18. 2 Ex-parte Judgment.
Lakhs Two Thousand One Hundred Ninetytwo Only) with further
interest @ 10.30% p.a.
Plaintiff's case is narrated as follows :
2. Plaintiff is a banking institute. Defendant is a principal
borrower. Upon completion of all formalities, hypothecation
agreement, etc. plaintiff bank has sanctioned a loan of Rs.7,95,000/ to
the defendant to purchase a car. Accordingly, defendant has purchased
a car of TOYOTA ETIOS GD bearing Registration No. MH01CR2818.
However, defendant failed for its repayment as agreed. In view of
account extract maintained by plaintiff and details given in statement of
claim, plaintiff has issued a notice on 22/03/2018. However, defendant
is failed for its repayment. Hence this suit.
3. PW 1 Bank Manager Mr. Madhav Vartak submitted
affidavit of chief examination vide Exh.6. In view of testimony of PW 1,
loan application is marked as Exh.8 and relevant documents are
marked from Exh.9 to 13. The notice came to be issued by the plaintiff
through advocate on 22/03/2018.
4. Plaintiff has substantiated the claim with statement of
account vide Exh.12. In view of roznama dated 21/01/2019, suit is
proceeded exparte against defendant. It appears that defendant admits
the suit claim as he remain absent.
5. The suit is well within limitation. It deserves to be decreed.
The interest @ 9% p.a. appears to be reasonable. Hence the order :
ORDER
1. Suit is partly decreed with cost.
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S.C.Suit No. 2124/18. 3 Ex-parte Judgment.
2. Defendant is directed to pay to the plaintiff the amount of
Rs.9,02,192/ (Rupees Nine Lakhs Two Thousand One
Hundred Ninetytwo Only) with interest @ 9% p.a. from
the date of suit till realization, within three months from
the date of decree.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 18/10/2019. Mumbai.
1. Dictated on : 18/10/2019.
2. Transcribed on : 22/10/2019.
3. Signed on : 24/10/2019.
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
24/10/2019. 5.36 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 18/10/2019.
Judgment/Order signed by P.O. on 24/10/2019.
Judgment/Order uploaded on 24/10/2019.
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