Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 176/2019. 1 Ex-parte Judgment.
MHCC010078472019
Presented on : 25-07-2019
Registered on : 07-11-2019
Decided on : 27-01-2021
Duration : 1 years, 6 months, 2 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 176 OF 2019
Exh.21.
Oriental Bank Of Commerce
A body Corporate constituted under the
Banking Companies (Acquisition and Transfer
of Undertaking Act No.40 of 1980, having its
Head office at Harsha Bhavan, ‘E’ Block,
Cannaught Place, New Delhi – 110001 and
Corporate Office at Plot no.5, Sector 32,
Institutional Area, Gurgaon - 122 001 and
One amongst its branch at 201, City View
Building, Ground Floor, Dr. A.B.Road,
Worli Naka, Mumbai 400 018, and the suit
is instituted by Mrs. Nilufer Doonasia,
Age 54 years, Branch Manager, Worli Branch,
Mumbai of the Plaintiff Bank holding
Power of Attorney ...Plaintiff
Versus
Mr. Vinod Chaurasiya
(Proprietor of M/s Rudra Tours and Travels
Having his address at 109, Shiv Sagar Estate,
Markandeshwar Nagar, Dr. A.B.Road,
Behind Poonam Chambers, Worli,
Mumbai 400018 ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 27th JANUARY, 2021.
-- 1 of 4 --
Comm.Suit No. 176/2019. 2 Ex-parte Judgment.
Mr. Anant Narayan, Advocate for Plaintiff.
None for Defendant. (Ex-parte).
EX-PARTE JUDGMENT
This is a suit for recovery of Rs.3,69,999/- (Rupees Three
Lakhs Sixty-nine Thousand Nine Hundred Ninety-nine Only) with
interest at the rate of 10.50% p.a. This is a suit for recovery of vehicle
loan based on account extract and agreement of term loan.
2. Plaintiff is a banking institute. Defendant runs a business
of travel agency. Defendant has applied the plaintiff bank for term loan
facility of Rs.5,00,000/- (Rupees Five Lakhs Only) for purchasing a
vehicle namely Maruti Ritz LXI. In view of application submitted by
defendant, plaintiff bank has sanctioned the loan of Rs.5,00,000/-
(Rupees Five Lakhs Only) on 04/11/2015. It was agreed to repay the
loan in 60 E.M.I. of Rs.10,800/- (Rupees Ten Thousand Eight Hundred
Only) per month. Defendant has executed Agreement of Term Loan on
07/11/2015 and agreed to pay interest at the rate of 10.70% p.a.
Defendant has purchased the vehicle bearing No. MH-01-BT-7506 and
agreed to hypothecate the same with plaintiff bank. Defendant has also
executed Common Agreement dated 07/11/2015 and General Power of
Attorney dated 14/09/2011 in favour of plaintiff bank. Defendant is
failed to repay the loan as agreed. The plaintiff bank by letter dated
28/09/2018 called upon the defendant to avail one time settlement
scheme which was available upto 31/10/2018, to settle the claim of
plaintiff. The defendant surrendered the said vehicle with plaintiff bank
by letter dated 16/03/2019. The plaintiff bank sold the said vehicle in
auction, issued sale certificate dated 28/03/2019 to the purchaser and
recovered an amount of Rs.1,11,100/- (Rupees One Lakh Eleven
-- 2 of 4 --
Comm.Suit No. 176/2019. 3 Ex-parte Judgment.
Thousand One Hundred Only) which was adjusted in the loan account
of defendant and the present suit is filed for remaining amount of loan.
3. Suit summons is duly served on defendant as per roznama
dated 14/02/2020. Defendant is failed to appear. Hence, the suit is
proceeded ex-parte against the defendant.
4. PW 1 Mrs. Nilufer Doomasia submitted claim affidavit vide
Exh.5 and 7. It is supported with various relevant documents. Various
documents alongwith list vide Exh.6 are marked from Exh.8 to 19.
Sanction letter dated 04/11/2015 issued by plaintiff bank is at Exh.8.
Defendant has executed the Agreement of Term Loan dated
07/11/2015 vide Exh.9, Common Agreement dated 07/11/2015 vide
Exh.10 and General Power of Attorney dated 14/09/2011 vide Exh.11.
By letter vide Exh.15 defendant surrendered the vehicle to the plaintiff
bank. Statement of account is at Exh.16 and 17.
5. Despite repeated demand and letter dated 28/09/2018
vide Exh.14, there is no repayment of loan. The vehicle has been sold
by the plaintiff bank in auction and amount of Rs.1,11,100/- (Rupees
One Lakh Eleven Thousand One Hundred Only) has been recovered
from sale of the vehicle. 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.
6. Interest claimed by the plaintiff bank at the rate of 10.50%
p.a. appears to be reasonable. Hence, the order :
- ORDER -
1. Suit is decreed with cost.
-- 3 of 4 --
Comm.Suit No. 176/2019. 4 Ex-parte Judgment.
2. Defendant shall pay an amount of Rs.3,69,999/- (Rupees
Three Lakhs Sixty-nine Thousand Nine Hundred Ninety-
nine Only) with further interest @ 10.50% 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 : 27/01/2021. Mumbai.
1. Dictated on : 27/01/2021.
2. Transcribed on : 27/01/2021.
3. Signed on : 28/01/2021.
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
30/01/2021. 2.25 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 27/01/2021.
Judgment/Order signed by P.O. on 28/01/2021.
Judgment/Order uploaded on 30/01/2021.
-- 4 of 4 --