Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010081372019 Presented on 02/08/2019
Registered on 27/08/2019
Decided on 03/01/2026
Duration 07Y: 00M: 01D
Exhibit 26
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 848 OF 2019
Punjab & Sind Bank, a body corporate constituted ]
under the provisions of the Banking Companies ]
(Acquisition and Transfer of Undertakings) Act ]
having it’s Head Office at New Delhi-110 008, ]
and branch office amongst others at GNK College ]
of Arts Science & Commerce, Matunga (East), ]
Mumbai-400 019, through Ms. Ravibala Sable, ]
Officer, authorized signatory as per the Power of ]
Attorney dated 24th November, 2014. ]...Plaintiffs
Versus ]
1. Ramesh Yashwant Wankar of Badlapur, ]
Indian Inhabitant, residing at Flat No.404, ]
New Gurudarshan Co-operative Housing ]
Society Limited, ‘B’ Wing, Shivaji Chowk, ]
Badlapur (East)-421 503. ]
2. Mrs. Rashmi Wankar, also of Badlapur, ]
Indian Inhabitant, residing at Flat No.404, ]
New Gurudarshan Co-operative Housing ]
Society Limited, ‘B’ Wing, Shivaji Chowk, ]
Badlapur (East)-421 503. ]
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3. Prafula P. Shoorkar, also of Badlapur, ]
Indian Inhabitant, residing at Flat No.415, ]
Vijay Apartment, Hendrapada, ]
Badlapur (East)-421 503. ]...Defendants
Appearance:-
Ld. Adv. Rajlaxmi Punjabi i/b. M/s. Haridas & Co. for the plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 03/01/2026
JUDGMENT
( Dictated and pronounced in open Court)
01. This suit is filed under Rule 2 of Order XXXVII of Code of
Civil procedure, 1908 (CPC), by the plaintiff bank for recovery of an
amount of Rs.2,22,469/- (Rs.2,22,468.70/-rounded off to
Rs. 2,22,469/- ) with further interest from the defendants.
Brief facts of plaintiffs’ case may be summarized as under:
02. The plaintiff is a banking company, constituted under the
Banking Companies (Acquisition and Transfer of Undertakings Act 1980
having its Head office and branch office at address mentioned in the
title cause (in short ‘plaintiff bank’). Defendant No. 1 had approached to
the plaintiff Bank and applied for personal loan of Rs. 2,00,000/- on
11/04/2012. Defendants No. 2 and 3 are guarantors. The plaintiff bank
sanctioned a loan on 11/04/2012 of vide sanction letter on terms and
conditions mentioned therein. Defendant No.1 agreed to repay said
loan within 60 equated monthly installments of Rs. 5,000/- per month.
The plaintiff bank disbursed loan to defendant No. 1 on executing the
Demand Promissory Note of Rs. 2,00,000/-, letter of continuity, form of
rate of interest, undertaking in form No. 199 and defendants No. 2 and
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3 have executed letter of guarantee. Further, as per letter dated
04/04/2012 defendant No. 1 has issued letter and agreed to repay an
amount of Rs. 5,000/- per month from his salary. Defendant No. 1 paid
monthly amount of Rs. 5,000/- per month upto January 2015 and
thereafter, defendant No.1 failed to repay loan amount. However,
defendant No. 1 vide letter dated 21/04/2015 stated that he was
unable to regularize his account and requested time to repay
outstanding amount. The plaintiff bank issued letter dated 03/06/2016
and called upon defendant No.1 to make payment of outstanding
amount. Defendant No. 1 failed to repay loan amount. However, on
16/04/2018 defendants executed balance and security confirmation
letter confirming the outstanding dues as on 16/04/2018. Defendants
failed to repay loan amount. Therefore, plaintiff bank issued notice
dated 08/05/2019 and called upon to repay loan amount. As the
defendant failed to repay loan amount. Plaintiff is entitled for an
amount of Rs. 2,22,469/- including interest and further interest at the
rate of 16.75 % p.a. from the date of filing of the suit. Hence, this suit.
03. The defendants were served with the writ of summons on
03/03/2023 by way of paper publication. The plaintiff has filed an
affidavit of service at Exh. 8. Despite of service, the defendants have not
caused an appearance, and therefore, the suit proceeded ex-parte
against them vide order dated 29/04/2023.
04. In support of claim, the plaintiff filed its affidavit of claim
of Ms. Sujata Kumari, Authorized representative of the plaintiff bank at
Exh. 9 and reiterated its contention of recovery of Rs. 2,22,469/- along
with further interest on the said amount at the rate of 16.75% p.a. The
plaintiff has closed its evidence vide pursis Exh. 25. The plaintiff has
filed and relied upon the following documents vide list Exh. 10.
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Sr.
No. Exhibit No. Particulars
1 Exh.11 Original Authority Letter dated 11/10/2022
2 Exh.12 Letter dated 4/04/2012
3 Exh.13 Carbon cop6 pty Sanction Letter dated
11/04/2012
4 Exh.14 Original Demand Promissory Note of Rs.2,00,000/-
5 Exh.15 Original Form No.159
6 Exh.16 Original Revised clause pertaining to rate of
interest executed
7 Exh.17 Original Form No.199
8 Exh.18 Original Letter of Guarantee
9 Exh.19 Original Letter of Guarantee
10 Exh.20 Original Letter of Guarantee dated 21/04/2015
11 Exh.21 Office copy of letter dated 03/06/2016
12 Exh.22 Original Balance & Security Confirmation letter dated
16/04/2018
13 Exh.23 colly Office copy of letter dated 08/05/2019 along with
A.D.Card
14 Exh.24 Original Certificate under Information and Technology
Act
05. To decide the present suit, the following points arise for my
determination, to which my findings are recorded against each of them
for the reasons given below:-
Sr.
No.
Points Findings
1. Whether the plaintiff is entitled to
recover an amount of Rs.
2,22,469/- from the defendants?
If yes, at what rate of interest?
Yes, entitled for simple interest
at the rate of 16% per annum
on Rs.2,22,469/- from
02/08/2019 i.e. the date of
filing of suit till its full
realization.
2. What order and decree? As per the final order.
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R E A S O N S
AS TO POINTS NO. 1 & 2 :-
06. Perused the plaint, oral and documentary evidence. Heard
the learned counsel for the plaintiff. Further, the plaintiff bank, in
support of its case, has filed the claim affidavit of its witness Ms. Sujata
Kumari, Authorized representative of the plaintiff bank at Exh. 9 and
reiterated its contention in the plaint. Plaintiff bank has filed authority
letter dated 11/10/2022 at Exh. 11. On perusing said letter, it appears
that Ms. Sujata Kumari P.W.1 is authorized to depose in the present suit.
It has come in the evidence of Ms. Sujata Kumari P.W.1 that defendant
No. 1 has issued letter dated 04/04/2012 at Exh. 12 to borrow loan of
Rs. 2,00,000/- to the plaintiff bank. Further, plaintiff bank has
sanctioned loan of Rs. 2,00,000/- to defendant No.1 vide letter dated
11/04/2012 at Exh. 13. Further, defendant No.1 has executed on
11/04/2012 i.e. Demand Promissory Note of Rs. 2,00,000/- at Exh. 14,
Form No. 159 i.e. letter of continuity dated 11/04/2012 at Exh. 15,
Form of rate of interest dated 11/04/2012 at Exh. 16 and undertaking
in Form No. 199 dated 11/04/2012 at Exh. 17. On perusing said
documents, it appears that defendant No.1 has executed said
documents and admitted his liability.
07. Further, it has come in the evidence of Ms. Sujata P.W.1
defendants No.2 and 3 have executed letter of Guarantee dated
11/04/2012 at Exh. 18 and 19. On perusing said guarantee letters, it
appears that defendants No. 2 and 3 are guarantors to defendant No. 1.
Ms. Sujata P.W.1 deposed that defendant No. 1 was supposed to repay
said loan installments in 60 equated monthly of Rs. 5,000/-. Defendant
No. 1 paid installments upto January 2015 and failed to repay it from
February 2015. However, defendant No.1 issued letter dated
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21/04/2015 at Exh. 20 and requested time to repay the loan amount.
However, defendant No.1 failed to repay loan amount therefore,
plaintiff bank issued letter dated 03/06/2016 at Exh. 21 and called
upon defendants to repay loan amount. Thereafter, defendant No.1
executed balance and security confirmation letter dated 16/04/2018 at
Exh. 22. On perusing said document, it appears that defendant No. 1 as
admitted liability of Rs. 2,00,000/- as on 16/04/2018. Even, admitting
liability defendant No.1 failed to repay loan amount. Therefore, plaintiff
bank issued letter dated 08/05/2019 at Exh. 23 to defendants and
called upon to repay outstanding amount. However, there is nothing on
record to show that said notice was received by the defendants. As the
defendant failed to appear, the evidence of the plaintiff bank has
remained unchallenged.
08. Thus, the plaintiff bank has proved that the defendant had
borrowed the loan of Rs.2,00,000/- on 11/04/2012. Further, plaintiff
Bank has filed statement of bank account supported by Original
Banker’s book of Evidence 2a(A) Certificate at Exh. 24. As discussed
above, Statement of account shows that loan amount Rs. 2,22,469/-
was outstanding as on 31/07/2019 with interest. Further, defendant
No. 1 had made last payment of Rs. 5,000/- on 08/06/2017. Hence, I
hold that on the basis of oral and documentary evidence of plaintiff
bank, it is proved that plaintiff bank is entitled to claim balance amount
of Rs. 2,22,469/-.
09. So far as further interest on the said amount from the date
of filing the suit till realization of the amount is concerned, the plaintiff
has prayed for the further interest at the rate of 16.75% per annum on
the basis of terms of sanction letter at Exh. 13. However, on perusing
Demand Promissory Note at Exh. 14, it appears that rate of interest
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16% p.a. Therefore, I am of the view that granting the interest at the
rate of 16% per annum on the principal amount would be just, proper
and reasonable. Hence, I hold that the plaintiff is entitled to further
interest at the rate of 16% per annum on the principal amount of Rs.
2,22,469/-, from the date of filing the suit till its full realization.
Defendant No. 1 is a borrower, defendants No. 2 and 3 are guarantors
therefore, they are jointly and severally liable to to repay said loan
amount. Hence, I answer point No. 1 in the affirmative. In the result, in
answer to point No. 2, I proceed to pass the following order.
O R D E R
1) Summary Suit No. 848 of 2019 is hereby decreed with costs.
2) The defendants shall jointly and severally liable to pay an amount
of Rs. 2,22,469/- (Rupees Two Lakhs Twenty Two Thousand and
Four Hundred Sixty Nine only) to the plaintiff.
3) The defendants shall jointly and severally liable to pay to the
plaintiff simple interest on Rs. 2,22,469/- at the rate of 16% per
annum from 02/08/2019 i.e. the date of filing of suit till its full
realization.
4) The plaintiff is entitled to get a refund of the court-fees paid, if
any, as per the Rules.
5) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Court Room No.81
Date: 03/01/2026
Dictated on: 03/01/2026
Corrected & signed on: 03/01/2026
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
05/01/2026 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 03/01/2026
JUDGMENT/ORDER signed by P. O. on 03/01/2026
JUDGMENT/ORDER uploaded on 05/01/2026
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