Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Comm.SU No.08/2020
MHCC010100882019
Presented on : 01.10.2019
Registered on : 14.01.2020
Decided on : 07.04.2022
Duration : Y2, M2, D24
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
COMMERCIAL SUIT NO. 08 OF 2020
Syndicate Canara Bank, a body ]
corporate constituted and functioning ]
under the Banking Companies ]
(Acquisition & Transfer of Undertakings) ]
Act, 1970, having its Head office at ]
Manipal, Bangalore Karnataka State and ]
having one of their Branch office at 10, ]
Homji Street, 1st Floor, Fort ]
Mumbai 400023 ]
Power of Attorney of Vandana S. ]
Nadakarni ]......Plaintiff
V/s
Mrs. Vandana R. Kasare, ]
age not known ]
A proprietorship Concern, ]
Proprietor of M/s. Vandana Travels, ]
Room No.303, Om Vishweshwar Apt, ]
Near Talati Office, Belavali, ]
Badlapur, Dist.Thane 421503 ]......Defendant
APPEARANCE:
Adv. Pramila S. Bhingade for plaintiff present.
Defendant – Exparte
CORAM : RAJESH A. SASNE
ADHOC JUDGE
(C.R.No.32)
DATED : 7th April, 2022
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EXPARTE JUDGMENT
This is commercial suit for recovery of amount of
outstanding loan.
In brief, the plaintiff's case is as under :
2. The plaintiff is banking company. On 24.07.2015, the
defendant approached to the plaintiff bank and submitted proposal for
loan. Accordingly, the plaintiff sanctioned vehicle loan for sum of
Rs.7,60,000/. The defendant has executed various documents to avail
the said facility. The defendant has failed and neglected to pay the
installments, which resulted into the account classified as NPA on
31.10.2016. Thereafter, the plaintiff by legal notice dated 12.12.2018,
called upon the defendant to pay due amount alongwith interest.
Amount of Rs.9,85,876.58ps alongwith interest at the rate of 11.50%
p.a. plus 2% penal interest is due and payable from the defendant.
Hence, the plaintiff has filed this suit to recover said amount from the
defendant.
3. In view of order dated 15.09.2021, suit is proceeded
without written statement of the defendant.
4. Heard the learned Advocate for the plaintiff. No argument
of the defendant. Points for determination along with my findings
thereon with reasons are as under:
POINTS FINDINGS
1. Whether the plaintiff proves that the
defendant has failed to pay Rs.9,85,876.58ps
as outstanding amount of loan borrowed by
her from the plaintiff Bank?
Yes
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3 Comm.SU No.082020
2. If yes, what amount is due and payable by the
defendant to the plaintiff and at what rate of
interest?
Rs.9,85,876.58ps
alongwith interest
@ 11.50% p.a.
3. What order and decree? Suit is decreed.
REASONS
AS TO POINT NOS.1 AND 2:
5. All these points are interlinked with each other, hence they
are taken together for consideration. The plaintiff in support of its claim
has examined Mr.Vinay (PW1) at exhibit6 & 21. He deposes in support
of the suit claim. Loan application exhibit8 shows that the defendant
applied to the plaintiff for sanction of loan. The sanction letter at
exhibit9, shows that the plaintiff bank has sanctioned loan of
Rs.7,60,000/ to the defendant alongwith interest at the rate of 11.25%
p.a. To avail such facility the defendant has executed agreement of loan
cum hypothecation at exhibit12, particulars of assets and liability at
exhibit10. These documents substantiate the fact that the defendant
had applied to the plaintiff for sanction of vehicle loan of Rs.7,60,000/
and same was sanctioned by the plaintiff. The receipt dated 29.07.2015
exhibit11 substantiate the fact that the defendant has received amount
of said loan.
6. Mr.Vinay (PW1) deposes that the defendant was not
regular in making repayment of the due amount against the loan. He
further deposes that said loan account was resulted into non performing
asset on 31.10.2016. The account extract of the loan account at exhibit
17 and exhibit23 shows that the defendant has failed to repay the
outstanding amount of loan and on 31.03.2022 amount of
Rs.15,70,016.55ps is due and payable from the defendant. On
12.12.2018, the plaintiff issued notice at exhibit16 calling upon the
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defendant to make the payment of outstanding amount. This evidence
on record shows that the defendant has failed to repay the amount of
loan alongwith accrued interest thereon. On the date of the filing of the
suit the defendant was liable to pay Rs.9,58,876.58ps alongwith interest
at the rate of 11.50% p.a. to the plaintiff. The plaintiff's contentions
and evidence remained unchallenged, hence, they are required to be
accepted. Hence, plaintiff is entitled to recover from the defendant an
amount of Rs.9,85,876.58ps alongwith interest at the rate of 11.50%
p.a. I answer point Nos.1 and 2 accordingly.
AS TO POINT NO.3:
7. In view of my findings to point Nos.1 and 2, the suit is
liable to be decreed with costs. In the result, in answer to point No.3, I
pass the following order.
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of
Rs.9,85,876.58ps (Rupees Nine Lakhs Eighty Five
Thousand Eight Hundred Seventy Six and paise
Fifty Eight Only) alongwith interest at the rate of
11.50% p.a. from the date of filing of suit till its
realisation.
3. Decree be drawn up accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 07.04.2022 Mumbai.
Dictated on : 07.04.2022
Typed on : 07.04.2022
Signed by HHJ on : 07.04.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.04.2022 at 04.00 p.m.
UPLOAD DATE AND TIME
(Mr. S. V. Ambekar)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI RAJESH A.SASNE
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
07.04.2022
Judgment/order signed by P.O. on 07.04.2022
Judgment/order uploaded on 07.04.2022
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