Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 749/21. 1 Ex-parte Judgment (Exh.20).
MHCC010079242018
Presented on : 02-07-2018
Registered on : 24-10-2018
Decided on : 03-12-2021
Duration : 3 years, 5 months, 1 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 749 OF 2021
(OLD SUMMARY SUIT NO.1255 OF 2018)
Exh.20.
Bank of India, )
a Body corporate Constituted under the Banking )
Companies (Acquisition & Transfer of Undertakings) )
Act, V of 1970, 1970 having their Head Office at Star )
House, Plot No. C5, “G” Block, Bandra Kurla Complex )
Bandra (East), Mumbai – 400 051 and having )
its one of the Branches amongst others places )
at Indraprastha CHSL, Opposite Jaihind Cinema, )
Dr.Ambedkar Road, Lalbaug(East), Mumbai – 400 012 )
Through Constituted Attorney Shri Harikumar S., )
Chief Manager, Zonal Office, Mumbai, Age.: 44 ) ...Plaintiff
Versus
1. M/s.Soham Motor Training School )
Prop. Sachin Maruti Bodke, )
Shop No.1, Opp. Building No.190, )
Shivaji Chowk, Kannamwar Nagar, No.2 )
Vikroli East, Mumbai – 400 083. )
2. Shri Sachin Maruti Bodke (Adult) )
Prop. Soham Motor Training School )
125/3649, Kannamwar Nagar No.2 )
Vikroli (East), Mumbai – 400 083 )
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Comm.Suit No. 749/21. 2 Ex-parte Judgment (Exh.20).
3. Mrs. Pooja Tulsidas Vasta (Adult) )
W/O. Tulsidas Vasta, )
Flat No. 254/10080, Premanand CHSL, )
Kannamwar Nagar2, Building No.254, )
Vikroli (East), Mumbai – 400 083. )...Defendants
SUIT FOR RECOVERY OF MONEY
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 03rd DECEMBER, 2021.
Shri. Vaibhav Kamble, Advocate for the plaintiff.
Defendants – (Exparte).
JUDGMENT (EXPARTE)
1. This is suit for recovery of money.
2. Case of the plaintiff, in brief, is as under :
The plaintiff is a body corporate constituted under the
Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970,
having its head office at Bandra Kurla Complex, Bandra (East),
Mumbai400 051 and its branch office at Lalbaug. Constituted Attorney
Harikumar S. Chief Manager filed the suit for the plaintiff bank.
Defendant No.1 is a proprietary concern represented by proprietor
defendant No.2 and defendant No.3 offered her personal guarantee for
the said financial assistances. On an application dated 30/08/2016 of
the defendants, the plaintiff had sanctioned term loan of Rs.3,90,000/
to the defendants for purchase of vehicle. Accordingly, sanction letter
was issued on 30/08/2016. The defendants also executed other
documents including Deed of Hypothecation. Though the loan amount
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Comm.Suit No. 749/21. 3 Ex-parte Judgment (Exh.20).
was to be repaid with monthly installments within period of 60 months
with interest at the rate of 11.40% p.a., the defendants committed
breach in repayment of the loan amount. Then, legal notice was issued
on 23/01/2018 calling upon the defendants to pay outstanding amount,
but the defendants failed to make payment. Hence, the plaintiff filed
the suit for recovery of outstanding amount of Rs.4,52,069/ with
further interest at the rate of 11.45% p.a. from the date of filing of the
suit till the date of realization with costs of the suit.
3. The defendants are duly served with writ of summons as
per affidavit of service (Exh.5), but they failed to appear and oppose the
claim of the plaintiff. Therefore, I passed the exparte order against
them on 20/11/2019.
4. PW 1 Rakesh Kumar Chaudhari, Authorized Officer of the
plaintiff bank deposed on evidence affidavit (Exh.6) and proved
documents filed with list of documents (Exh.7). Proved documents are
at Exh.8 to 18. The plaintiff closed evidence vide pursis (Exh.19).
Heard learned counsel Shri Vaibhav Kamble for the plaintiff.
5. After considering pleadings of the plaintiff and evidence on
record, following points arose for my determination with my findings
against them with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover amount of
Rs.4,52,069/ from the defendants ? If
yes, at what rate of interest ? In the Affirmative.
@ 11.45% p.a.
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Comm.Suit No. 749/21. 4 Ex-parte Judgment (Exh.20).
2. What order as to costs ? As per final order.
3. What order and decree ? Suit is partly
decreed.
REASONS
AS TO POINT NOS.1 AND 2 :
6. PW 1 Rakesh Kumar Chaudhari, has specifically stated that
the loan amount enumerated in the plaint was sanctioned for
purchasing the vehicle to the defendants No.1 and 2. The defendant
No.3 is a guarantor of defendant no.1 & 2 as per Deed of Guarantee dt.
03.09.2016. The said vehicle is also hypothecated as per Exh.11. As the
defendants failed to make payment, legal notice (Exh.14) was issued to
the defendants. Even then, the defendants neglected to make payment
of outstanding loan amount as stated in statement of account (Exh.17).
In short, claim of the plaintiff is proved from oral as well as
documentary evidence on record.
7. So far as interest rate is concerned, the plaintiff has claimed
interest within the range of interest as per terms of the agreement with
the defendants. There is no hurdle in the way of granting interest as
demanded by the plaintiff. Costs of the suit is liable to be imposed on
the defendants. In the light of above discussion, I record my finding as
to point no.1 in the affirmative. Hence, I pass the following order :
ORDER
1. Commercial Suit No. 749/2021 is partly decreed.
2. The defendants are directed to pay amount of
Rs.4,52,069/ (Rupees Four Lakhs Fifty Two Thousand
Sixty Nine Only) to the plaintiff with interest @ 11.45%
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Comm.Suit No. 749/21. 5 Ex-parte Judgment (Exh.20).
p.a. with monthly rest from the date of the suit till the date
of realization within three months from the date of decree.
3. The defendants shall bear the costs of the suit.
4. Defendants No.1 to 3 shall be jointly and severally liable for
payment of decretal amount.
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 03/12/2021. Mumbai.
1. Dictated online on : 03/12/2021.
2. Signed on : 03/12/2021.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 749/21. 6 Ex-parte Judgment (Exh.20).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
08.12.2021 at 5.38 p.m. (Mrs.K.S.Bhosale)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 03.12.2021
Judgment/Order signed by P.O. on 03.12.2021
Judgment/Order uploaded on 08.12.2021
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