Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Suit No.11/2020
MHCC010095002019 Presented on : 03/09/19
Registered on : 14/01/20
Decided on : 05/03/26
Duration : 06Y : 01M : 19D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXHIBIT-28
COMMERCIAL SUIT NO.11 OF 2020
Bank of India,
A Body of Corporate constituted under the
Banking Companies (Acquisition and Transfer of
Undertakings) Act V of 1970, having their Head
Office at Star House, Plot No.C-5, "G" Block,
Bandra Kurla Compex, Bandrra (East), Mumbai -
400 051 and having its one of the Branches
amongst others places at Indraprastha CHSL,
Opposite Jaihind Cinema, Dr. Ambedkar Road,
Lalbag, (East), Mumbai- 400 012. Through
Constituted Attorney Shri. Harikumar S, Chief
Manager Zonal Office, Mumbai, Age 44.
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] ..Plaintiff
Versus
M/s. Shree Mauli Krupa Travels
Through Proprietor Mrs. Sonali Tukaram Gadve
Room No.32, Rangwala Chawl No.1, Maulana
Azad Road, Sat Rasta Jacob Cirrcle, Byculla
(west), Mumbai- 400 011.
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] ..Defendant
Appearance :-
Learned Adv. Vaibhav Kamble i/b Arun Kumar Misra for plaintiff.
Defendant Ex-parte.
CORAM : SACHIN SURYAKANT PATIL, JUDGE
COURT ROOM NO.32.
DATE : 05/03/2026.
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..2.. Commercial Suit No.11/2020
J U D G M E N T
[ Delivered on05/03/2026 ]
1) This Commercial suit is filed for recovery of amount under
Commercial Court Act, 2015.
The facts in brief are as under -
2) Defendant obtained term loan of Rs.7,89,000/- for
purchase of vehicle for business use on 23.06.2015. She agreed to
repay the loan with interest @ 11.45% P.A. with monthly installment of
Rs.17333/-. She did not repay the loan amount as agreed. The account
was declared NPA on 31.07.2017. Amount of Rs.5,71,892/- is due from
the defendant. Demand notice sent to defendant on 24.01.2018.
Defendant did not comply with the notice and repay the loan. Hence,
this suit for recovery of amount.
3) The first writ of summons was served upon the defendants.
Defendants did not appear. Hence, matter proceeded ex-parte against
the defendants.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons as under :
SR.
NO.
POINTS FINDINGS
1 Whether the plaintiff is entitled for
recovery of sum of Rs.5,71,892/- with
interest @ 11.45% p.a. ? Yes
2 What order ? ...As per final order.
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..3.. Commercial Suit No.11/2020
R E A S O N S
5) The authorised person of plaintiff Ashutosh Kumar has filed
evidence affidavit vide Exhibit-12. Plaintiff has relied upon
documentary evidence produced at Exh-15 to Exh-26.
6)
AS TO POINT NOS.1 & 2 :-
7) PW-1 Ashutosh Kumar has deposed that, defendant obtained term
loan of Rs.7,89,000/- for purchase of vehicle for business use on
23.06.2015. She agreed to repay the loan with interest @ 11.45% P.A.
with monthly installment of Rs.17333/-. She did not repay the loan
amount as agreed. The account was declared NPA on 31.07.2017.
Amount of Rs.5,71,892/- is due from the defendant. Demand notice
sent to defendant on 24.01.2018. Defendant did not comply with the
notice and repay the loan.
8) On perusal of loan documents produced by the plaintiff at Exh-15
to Exh-26, it is evident that defendant had obtained loan of
Rs.7,89,000/-. Defendant has executed the promissory note in favour of
the plaintiff bank. As per the evidence of plaintiff, amount of
Rs.5,71,892/- is due from defendant as on the date of suit. On perusal
of loan sanction letter it is evident that defendant has agreed to repay
the loan with interest @ 11.45% P.A. Defendant has not appeared in the
present suit. The suit has been proceeded ex-parte. Therefore, the case
of plaintiff has remained unchallenged. Hence, while answering point
Nos.1 and 2 in affirmative, I pass the following order :-
ORDER
1. Commercial Suit No.11 of 2020 is decreed with
costs.
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..4.. Commercial Suit No.11/2020
2. Defendants shall jointly and severally pay an
amount of Rs.5,71,892/- (Rupees Five Lakh Seventy
One Thousand Eight Hundred Ninety Two Only) to
plaintiff with interest at the rate of 11.45% p.a. from
the date of suit till its realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.32
Dated :05/03/2026
Dictated and typed on :05/03/2026.
Signed by HHJ on :05/03/2026.
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..5.. Commercial Suit No.11/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mahesh Shamrao Lugade
Name of Stenographer	05/03/26 05.30 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.32)
Date of Pronouncement of JUDGMENT /
ORDER
05/03/26
JUDGMENT / ORDER signed by P.O. on 05/03/26
JUDGMENT / ORDER uploaded on 05/03/26
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