Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in
Suit No. 3307 of 2019 1
MHCC010098152019
Presented on :24-09-2019.
Registered on :09-12-2019.
Decided on :07-07-2023.
Duration :3Yr,9M,13D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO.3307 OF 2019.
Exh. 20.
CANARA BANK, a body corporate ]
Constituted under the Banking Companies ]
(Acquisition & Transfer of Undertakings) Act., ]
1970 having its Head Office at 112,J.C. Road, ]
Bangalore – 560 002, and one of its Branch Office]
amongst others known as Mumbai Central Branch]
having address at 297, Bellasis Road, ]
Opp. S.T.Depot, Mumbai Central, ]
Mumbai 400 006 in the State of Maharashtra ]
represented by Mr. Deepankar Shrigyan ]
Age. 44 Years, Manager. ]....Plaintiff.
Vs.
Mr. Shamsher Ali Mohd. ]
Age. Adult, Occ.: Taxi Driver, ]
Ground Floor, 202, Municipal Transit Camp, ]
Ganesh Hari Parundekar Marg, ]
Mominpura, Jacob Circle, ]
Mumbai – 400 011. ]….Defendant.
Appearance:
Adv. Mr. Rajkumar Shukla for the plaintiff.
Defendant – Exparte.
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Judgment in
Suit No. 3307 of 2019 2
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :07th July, 2023.
ORAL JUDGMENT
This is suit for recovery of an amount of Rs.1,72,064.90/-
at the rate of interest 09.70% p.a.
Brief facts of the plaintiff’s case are as under :
2. The plaintiff contends that it is a body corporate
constituted under the Banking Companies (Acquisition and Transfer of
Undertaking) Act 1970. It further contends that defendant approached
it on 15.05.2014 to sanction term loan of Rs. 2,80,000/-. Accoridngly,
on 27.05.2014, the plaintiff -Bank sanctioned term loan of Rs.
2,80,000/- to purchase vehicle. The defendant has executed agreement
for loan. Defendant have obtained loan under the Loan to Micro and
Small Enterprises (In short ‘MSEs) Under CGTMSE Scheme. He also
executed deed of hypothecation in favour of the plaintiff.
3. The plaintiff specifically contends that on 21.12.17 the
defendant was due to pay an amount of Rs. 1,38,662/-. Defendant has
executed Acknowledgment of Debt and Security on same day. Hence, on
27.08.2019, the defendant is liable to pay an amount of Rs.1,72,064.90.
However, despite the notice is sent by the plaintiff, the defendant failed
to repay loan from 21.12.2017. Hence, this Suit.
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Judgment in
Suit No. 3307 of 2019 3
4. Defendant is duly served with writ of summons but he
failed to appear. Therefore, the suit proceeded exparte against the
defendant as per order dated 10.06.2022.
5. After suit proceeded exparte, the plaintiff examined one
witness as PW-1 – Mr. Pramod R.Adsul, Bank Manager, and filed his
affidavit in lieu of examination in chief at Exh. 6. The Plaintiff had also
filed list of documents at Exh.7. The plaintiff has filed evidence close
pursis vide Exh. 8.The plaintiff filed following documents along with
Exh. 7 which he has proved the same in evidence as follows :
Sr.
No.
Documents. Exh. No.
1. Copy of Power of Attorney Exh. 8
2 Original Loan Application dated 15.05.2014 Exh. 9
3 Original sanction memorandum dated
27.05.2014
Exh. 10
4. Original certificate of loan papers obtained
dated 27.05.2014
Exh. 11
5 Original Letter of Undertaking re:Loans/
Advances dated 27.05.2014
Exh.12
6 Original letter of particulars of
vehicles/machinery/equipment/Livestock
Exh. 13
7 Original Deed of Hypothecation dated
27.05.2014
Exh. 14
8 Original deed of Acknowledgment of Debt and
security dated 21.12.2017
Exh,15
9 Office copy of Recall Letter. Exh.16
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Judgment in
Suit No. 3307 of 2019 4
10 Statement of Account. Exh.17
11 Particulars of plaintiff’s claim against
defendants.
Exh.18
6. It is submission made by Ld.advocate for the plaintiff that
the suit is proceeded exparte. The pleading and evidence of the
plaintiff remained unchallenged. Hence, there is no reason to discard
the suit. Consequently, prayed to decree the suit.
7. Considering the facts, evidence and law applicable to the
case, following points arise for determination.:
Sr. No. POINTS FINDINGS
1. Does the plaintiff prove that he is
entitled to recover an amount of
Rs.1,72,064.90/- with interest at
the rate of 10.75% p.a. from the
date of the suit?
..Yes..
2. Whether the suit is within the
limitation?
..Yes..
3. What order and decree? Suit is decreed.
:REASON:
As to point No. 1 & 2:
8. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
Therefore, there is no reason as to discard the case. The affidavit of
evidence at Exh. 6 and documents filed on record show that the term
loan was disbursed by the plaintiff to defendant but he has failed to pay.
The plaintiff has succeeded to show that the amount of
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Judgment in
Suit No. 3307 of 2019 5
Rs.1,72,064.90/- was due from defendants on account of loan
advanced to defendant. Now peculiar question arise, whether the suit
is within the limitation.
9. The plaintiff has filed on record loan application, sanction
letter, certificate of loan papers obtained and other original documents
which show that there is agreement between the plaintiff and defendant
and the plaintiff had advanced loan to defendant to purchase vehicle.
All these documents supports the case of the plaintiff.
10. Defendant failed to repay the installment from 27.04.2018.
The plaintiff has issued notice dtd. 28.09.2017 payment of his
outstanding. The suit is instituted on 24th September, 2019. Above
documents along with statement of account establish that plaintiff
Bank sanctioned and disbursed an amount of Rs.2,80,000/- to the
defendants as vehicle loan. The statement of account of the defendant
and acknowledgment letter fortify the case of the plaintiff. All
documents on record demonstrate to suit that the defendant is failed to
pay outstanding amount to the plaintiff. The Demand Notice is duly
served upon defendant. The writ of summons is also served but
defendant has failed to defend the claim. The acknowledgment dated
21.12.2017 brings the suit within the limitation. Therefore, the plaintiff
is entitled to recover the outstanding amount along with interest as per
documents on record. As per the agreement for loan, defendant was
bound to pay an amount at the rate of interest 9.70% p.a.plus penal
interest of 2%. Resultantly, point Nos. 1 & 2 is answered in the
affirmative.
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Judgment in
Suit No. 3307 of 2019 6
11. The suit is proceeded exparte. The suit is going to decree.
In such circumstances, it would be just and proper to direct the plaintiff
to bear the costs of the proceedings. Accordingly, in answer to point
No. 3, following order is passed :
ORDER
1. Suit No. 3307 of 2019 is decreed with costs.
2. Defendant to pay an amount of Rs.1,72,064.90/- to the
plaintiff with interest at the rate of 10.75% p.a. from the date of
the suit till entire amount is realised.
3. Defendants to pay aforesaid decreetal amount within 2 months
of the order.
4. Decree be drawn up accordingly.
5. Suit No. 3307 of 2019 is disposed off accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:07.07.2023 Greater Bombay (CR 59)
Declared on : 07.07.2023
Dictated on : 07.07.2023
Transcribed on : 21.07.2023
Checked on : 24.07.2023
Signed on :
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Judgment in
Suit No. 3307 of 2019 7
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
27.07.2023 at 11.30 -a.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 07.07.2023
Order signed by P.O. on 24.07.2023
order uploaded on 27.07.2023
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