Final Order 1

Order Details: Ex-parte Judgement
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MHCC010081532019
Presented on : 01082019
Registered on : 24102019
Decided on : 07042021
Duration : Y01 M08 D06
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
COMMERCIAL SUIT NO.163 OF 2019
Union Bank of India, a body corporate, ]
banking company incorporated under the Banking ]
Companies (Acquisition & Transfer of Undertakings) ]
Act,1970 and having its registered office at Union ]
Bank Bhavan,239, Vidhan Bhavan Marg, Nariman Point ]
Mumbai400 021 and having one of its branch Office at ]
Cumballa Hill 5, Apurva Apartment, Nepean Sea Road, ]
Mumbai400 036. Maharashtra ]...Plaintiff
V/s
1. M/s Keshav Enterprises, A proprietorship Firm, ]
having its registered office at Near Horilal Floor Mill, ]
128Adarsh Welfare Society, Jotiba Mahatama Phule ]
Nagar, Arey Road, Powai, Mumbai400 087 ]
2. Mr.Upendra Ojha, an adult Indian Inhabitant residing]
at Near Horilal Floor Mill 128Adarsh Welfare Society,]
Jotiba Mahatama Phule Nagar, Arey Road, Filter Pada,]
Powai Mumbai400 087 ]..Defendants
APPEARANCE:
Ld. Adv.Saurabh Talekar for plaintiff.
None for defendants.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI. SANJAY N. YADAV
(C.R.No.32).
DATED : 07th April, 2021.
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Claim : Suit for recovery of Money.
EXPARTE JUDGMENT
(Dictated in Open Court)
The plaintiff by this suit seeks judgment and decree
directing the defendants to pay to the plaintiff a sum of
Rs.2,10,916.03/ (Rupees Two Lakhs Ten Thousand Nine Hundred and
Sixteen and Three Paise Only) with interest at the rate of 11.60% per
annum on sum of Rs.2,13,061.02/ (Rupees Two Lakhs Thirteen
Thousand and Sixty One and Two Paise Only) from the date of filing of
the suit till realization. The plaintiff also prayed for judgment and
decree directing defendants to pay to the plaintiff a sum of
Rs.3,30,286/(Rupees Three Lakhs Thirty Thousand Two Hundred and
Eighty Six Only) with interest at the rate of 11.60% per annum on sum
of Rs.3,33,644.96/ (Rupees Three Lakhs Thirty Three Thousand Six
Hundred and Forty Four and Ninety Six Paise Only) from the date of
the filing of the suit till its realization.
2. The facts giving rise to the suit in short can be stated as
follows:
The plaintiff was granted loan facilities to the defendants as
follows:
Sr.No. Date Particulars Amount (Rs.)
1 22.06.2016 Application for
repairing of Cabin &
Office Furniture
2,20,000/
2 30.06.2016 Additional Loan
Application for
purchase of Hyundai
Xcent BSIV Car
5,15,000/
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The defendants had applied for loan on 22.06.2016 under
the Prahdanmantri Mudre Yogana. The plaintiff was sanctioned the
loan of Rs.2,20,000/ (Rupees Two Lakhs Twenty Thousand Only) to
the defendants and the same was confirmed by the defendants vide its
letter dated 24.06.2016. The defendants had executed a Simple Loan
Agreement dated 24.06.2016. The plaintiff was sanctioned term loan in
favour of the defendants. The defendants had executed a General Term
Loan Agreement dated 24.06.2016 in favour of the plaintiff. The
defendants agreed to pay the loan of Rs.2,20,000/ in 24 monthly
installments of Rs.9,166/ commencing from 27.06.2016 till final
payment of loan. The defendants also agreed to pay the loan with
interest. The defendants had submitted the following documents:
(a) Demand Promissory Note dated 24.06.2016 for the sum of
Rs.2,20,000/(Rupees Two Lakhs Twenty Thousand Only)
(b) Letter of Continuity dated 24.06.2016
(c) Letter of Confirmation dated 24.06.2016
3. The defendants again applied for Additional Loan for
purchase of vehicle i.e. Hyundai Xcent VTVT BSIV, Car Reg. No.MH03
CH1502 (TTaxi), Chassis No. MALA741CLG188749F, Engine No.
G4LAGM071386, ColourPure White.
The plaintiff sanctioned term loan in favour of the
defendants. The defendants agreed to pay loan of Rs.5,15,000/ in 60
equitable monthly installments of Rs.8,583/ commencing from
27.07.2016. The defendants also had executed the following
documents:
(i) Demand Promissory Note for the sum of Rs.5,15,000/
(Rupees Five Lakhs Fifteen Thousand Only) dated 27.07.2016
(ii) Letter of Continuity dated 27.07.2016
(iii) Interest Agreement (for MCLR Loans) dated 27.07.2016
(iv) Letter of Undertaking from dated 27.07.2016
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4. The defendants had utilized the funds but failed to repay
installments as agreed. Therefore, the plaintiff bank had issued notice
dated 09.05.2017 to the defendants and called upon the defendants to
repay the amount with interest. It is stated that vehicle bearing No.
MH03CH1502 (TTaxi), Chasssis NumberMALA741CLG188749F,
Engine No. G4LAGM071386 was sold in bid to one Mr. Harshal Suresh
Kavatkar for amount of Rs.3,15,000/. The defendants had failed to
pay the repair loan amount of Rs.2,10,916.03/ and the additional car
loan amount is due and payable is Rs.3,33,644.96/ with interest
@11.60% p.a. on sum of Rs.3,30,286/ from the date of filing of the
suit till its realization.
The plaintiff, therefore, had instituted the present suit for
recovery of amount of Rs.2,10,916.03/ with interest at the rate of
11.60% per annum on sum of Rs.2,13,061,02/ from the date of filing
of suit till realization and further prayed for recovery of sum of
Rs.3,30,286/ with interest at the rate of 11.60% per annum on sum of
Rs.3,33,644.96/ from the date of the filing of the suit till its realization.
5. The defendants had failed to appear in the suit. The suit
proceeded exparte against defendants.
6. The following points arise for my determination with my
findings thereon and the reasons to follow :
SR.
NO. POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of amount of Rs.2,10,916.03/
with interest at the rate of 11.60% per
annum on sum of Rs.2,13,061,02/ from
the date of filing of suit till realization
'In Affirmative'
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and further sum of Rs.3,30,286/ with
interest at the rate of 11.60% per annum
on sum of Rs.3,33,644.96/ from the
date of the filing of the suit till its
realization?
2 What order and decree? As per final order below.
REASONS
AS TO POINT NO. 1:
7. Heard learned Advocate Saurabh Talekar for the plaintiff.
8. The plaintiff in support of its case had examined PW No.1
Mr. Sudhir Kasare at Exh.06. The plaintiff had relied upon following
documents (Exh.7):
Sr.
No.
Particulars Exh.
1 Authority Letter dated 19.03.20 21 10
2 Loan Application dated 22.06.2017 11
3 Original Letter of Confirmation dated 24.06.2016 12
4 Original Simple Loan Agreement with terms and
condition dated 24.06.2016
13
5 Original General Term Loan Agreement dated
24.06.2016
14
6 Original Interest Agreement (for MCLR Loans) dated
24.06.2016
15
7 Original Demand Promissory Note dated 24.06.2016 16
8 Original Letter of Continuity dated 24.06.2016 17
9 Original Loan Application dated 30.06.2017 18
10 Original General Term Loan Agreement dated
27.07.2016
19
11 Original Hypothecation of the said vehicle agreement
dated 27.07.2016
20
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12 Original Demand Promissory Note dated 27.07.2016 21
13 Original Letter of Continuity dated 27.07.2016 22
14 Original copy of interest agreement (for MCLR
Loans) dated 27.07.2016
23
15 Original Letter of Undertaking from the Borrower
dated 27.07.2016
24
16 Original Recall Notice dated 09.05.2017 25
17 Original Notice to take possession of the said vehicle
dated 11.09.2017
26
18 Printout of account statement
(A/c No.316606120000002)
27
19 Printout of account statement
(A/c No.316606120000002)
28
20 Original Public Notice in English Newspaper being
“Business Standard” dated 21.08.2018
29
21 Original Public Notice in Marathi Newspaper being
“Tarun” dated 21.08.2018
30
22 Original Sale Certificate dated 11.09.2018 31
23 Typed copy of particulars of claim of
(A/c No.316606120000002)
24 Typed copy of particulars of claim of
(A/c No.316606120000003)
25 Original Certificate under Section 65B (4) of the
Indian Evidence Act,1872 dated 19.03.2021
32
9. The witness for the plaintiff PW No.1 Sudhir Kasare had
reiterated all the contentions levelled against the defendnats in the
plaint. The evidence of PW No.1 Sudhir Kasare clearly points out that
loan of Rs.2,20,000/ for repairing of cabin and office furniture and
loan of Rs.5,15,000/ for purchase of car was sanctioned by the plaintiff
in favour of defendants. The evidence of the plaintiff PW No.1 Sudhir
Kasare shows that defendants had executed the following documents
for loan transaction.
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(a) Demand Promissory Note dated 24.06.2016 for the sum of
Rs.2,20,000/(Rupees Two Lakhs Twenty Thousand Only) (Exh.16)
(b) Letter of Continuity dated 24.06.2016 (Exh.17)
(c) Letter of Confirmation dated 24.06.2016 (Exh.12)
10. The defendants also had executed the following documents
in favour of the plaintiff.
(i) Demand Promissory Note for the sum of Rs.5,15,000/
(Rupees Five Lakhs Fifteen Thousand Only) dated 27.07.16 (Exh.21)
(ii) Letter of Continuity dated 27.07.2016 (Exh.22)
(iii) Interest Agreement (for MCLR Loans) dated 27.07.2016 (Exh.23)
(iv) Letter of Undertaking from dated 27.07.2016 (Exh.24)
11. The evidence of PW No.1 Sudhir Kasare shows that car was
seized and sold in bid and had fetched for Rs.3,15,000/. The
outstanding amount of Rs.3,33,644.96/ is not paid by the defendants.
The defendants was irregular in repayment of loan amount.
The defendants had not appeared in the suit. The suit
proceeded exparte against defendants. The absence of the defendants
in the suit leads to an inference that the defendants have no counter the
say to the contentions raised by the plaintiff in the plaint. The
contentions raised by the plaintiff in the plaint have gone unchallenged.
The plaintiff had successfully shown that loan of
Rs.2,20,000/ for repairing of cabin and office furniture was sanctioned
to defendants by the plaintiff. After the defendants had executed the
relevant documents. Further, additional loan of Rs.5,15,000/ for
purchase of Hyundai Xcent BSIV car was sanctioned by the plaintiff.
12. The evidence also shows that the defendants are in arrears
of Rs.3,33,644.96/. It is the evidence of the plaintiff that defendants
had not paid the loan amount regularly. It is the evidence of PW No.1
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Sudhir Kasare that the defendants are in arrears of car loan and repair
loan. The plaintiff have primafacie shows that the loan was sanctioned
in favour of defendants but the defendants had failed to repay the same.
The plaintiff is entitled for recovery of the amount of
Rs.2,10,916.03/ and further is entitled for the interest at the rate of
11.60% p.a. on sum of Rs.2,13,061.02/ from the date of filing of the
suit till its realization. The plaintiff also is entitled for recovery of the
sum of Rs.3,30,286/ and further is entitled for the interest at the rate
of 11.60% p.a. on sum of Rs.3,33,644.96/ from the date of filing of the
suit till its realization.
I answered point No.1 “in Affirmative.” In the result,
following order is passed.
ORDER
1. Suit is decreed with costs.
2. The defendants are directed to pay to the plaintiff the sum of
Rs.2,10,916.03/ (Rupees Two Lakhs Ten Thousand Nine Hundred
and Sixteen and Three Paise Only). The defendant is further directed
to pay the interest at the rate of 11.60% p.a. on sum of
Rs.2,13,061.02/(Rupees Two Lakhs Thirteen Thousand and Sixty
One and Two Paise Only) from the date of filing of the suit till its
realization.
3. The defendants are further directed to pay to the plaintiff the sum of
Rs.3,30,286/ (Rupees Three Lakhs Thirty Thousand Two Hundred
and Eighty Six Only). The defendant is further directed to pay the
interest at the rate of 11.60% p.a. on sum of Rs.3,33,644.96/
(Rupees Three Lakhs Thirty Three Thousand Six Hundred and Forty
Four and Ninety Six Paise Only) from the date of filing of suit till is
realization.
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4. Decree be drawn up accordingly.
(SANJAY N. YADAV)
Additional Sessions Judge
Date:07.04.2021 Gr.Bombay at Mumbai.
Dictated on : 07.04.2021
Transcribed on : 20.04.2021
Signed by H.H.J.on : 22.04.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.04.2021 at 02.10 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.N.Yadav
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
07.04.2021
Judgment/order signed by P.O. on 22.04.2021
Judgment/order uploaded on 22.04.2021
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