Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 97/2019. 1 Ex-parte Judgment.
MHCC010080282019
Presented on : 31-07-2019
Registered on : 27-08-2019
Decided on : 21-01-2021
Duration : 1 years, 5 months, 21 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 97 OF 2019
Exh.23.
Bank Of India, a body Corporate,
Constituted under the Banking Companies
(Acquisition & Transfer of Undertakings) Act
1970, having Branch office at Mahim Branch
having its address at Gohil House, Lady
Jamshedji Road, Mahim (W), Mumbai400016 ...Plaintiff
Versus
1. Mrs. Mohanpriya A.
2. Mr. Govindraj V.
Old No.29, New No.26, 38 Subham
Apartment, Bhagirathi Ammal ST. T Nagar,
Chennai, Tamil Nadu600017
3. Legge Footwear Private Limited,
1/3 Annachi Building, 1st Floor,
Sounder Arajan Street, T. Nagar,
Chennai, Tamil Nadu600017 ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 21st JANUARY, 2021.
Ms. Divya Vishwanathan, Advocate for Plaintiff.
None for Defendants. (Exparte).
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Comm.Suit No. 97/2019. 2 Ex-parte Judgment.
EXPARTE JUDGMENT
This is a suit for recovery of Rs.6,94,384/ (Rupees Six
Lakhs Ninetyfour Thousand Three Hundred Eightyfour Only) with
interest at the rate of 18.75% p.a. alongwith 2% penalty.
2. Plaintiff is a banking institute. Defendant no.3 is a private
limited company, deals in the business of footwear. Defendants no.1
and 2 are Directors of defendant no.3. Defendants submitted loan
application for issuance of credit cards on 24/10/2017. As mentioned
in Para 3(d) of the plaint, two credit cards bearing No.
45762300****9950 and 45762300****9968 were issued in the name of
defendants no.1 and 2 respectively for the credit limit of Rs.1 Lakh and
2.5 Lakhs. Both credit cards were linked to the account of defendant
no.3 at the request of defendants. Both defendants were in continuous
use of credit cards. To some extent, defendants were regular in
repayment. However, in view of account extract annexed with plaint
from Page no.34 to 41, the amount of loan Rs.4,79,256/ (Rupees Four
Lakhs Seventynine Thousand Two Hundred Fiftysix Only) was due
towards defendants. Despite repeated demand and a legal notice dated
04/06/2019, defendants were failed to repay the loan. Hence, this suit.
3. In view of roznama dated 14th January and 21st January,
2020, summons is duly served on defendants no.1 to 3. Defendants
no.1 to 3 are failed to appear. Hence, the suit is proceeded exparte
against defendants.
4. To support the plaint, PW 1 Mohnish Kumar testified with
claim affidavit vide Exh.6 and 6A. Perused written submission of
plaintiff vide Exh.22. In view of deposition of PW 1, relevant
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Comm.Suit No. 97/2019. 3 Ex-parte Judgment.
documents submitted by plaintiff vide Exh.7 are marked as Exh.10 to
20. Perused original credit card application of defendant vide Exh.11
and 12. In view of ledger of account vide Exh.15 to 17, it supports the
claim of plaintiff in respect of aforesaid due amount.
5. Plaintiff has issued a legal notice on 04/06/2019 vide
Exh.19. It is duly served on defendants vide Exh.20. There is no
appearance of defendants despite due service of summons. It infers
defendants admit the suit claim. In result, suit deserves to be decreed.
6. The interest claimed by plaintiff appears to be exorbitant.
Considering nature of the transaction, suit is decreed with future
interest at the rate of 12% p.a. from the date of suit. Hence, the order :
ORDER
1. Suit is partly decreed with cost.
2. Defendants No.1 to 3 shall, jointly and severally, pay an
amount of Rs.6,94,384/ (Rupees Six Lakhs Ninetyfour
Thousand Three Hundred Eightyfour Only) w ith future
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 : 21/01/2021. Mumbai.
1. Dictated on : 21/01/2021.
2. Transcribed on : 21/01/2021.
3. Signed on : 22/01/2021.
4. Delivered to Certified :
Copy Section on
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Comm.Suit No. 97/2019. 4 Ex-parte Judgment.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/01/2021. 4.49 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 21/01/2021.
Judgment/Order signed by P.O. on 22/01/2021.
Judgment/Order uploaded on 22/01/2021.
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