Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Judgment in 1
Suit No.2999/2019
MHCC010105022019
Presented on : 16.10.2019
Registered on : 08-11-2019
Decided on : 16-09-2023
Duration : 3 Yr, 11 M, 0 D.
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 2999 OF 2019.
Exh. .......
CANARA BANK, ]
a Body Corporate Constituted under the ]
Banking Companies (Acquisition and Transfer ]
of Undertaking) Act 1970 having its head ]
Office at 112, J. C. Road, Bangalore – 560 002, ]
and one of its Branch office amongst others known ]
as Fort Market Branch having address at First ]
floor, Pandyan House Shahid Bhagat Singh Road, ]
Fort Market,Mumbai – 400 038, ]
in the State of Maharashtra ]
represented by Mr. Vishal Srivastav ]....Plaintiff.
Vs.
1. M/s. Shamika Tours and Travels ]
(Proprietor Mr. Amit Atmaram Jadhav) ]
7/1/1, Vitthal Mandir Vasahat, ]
Bhoiwada Cementry Lane, Parel ]
Mumbai – 400 12. ]
2. Mr. Amit Atmaram Jadhav, Age adult ]
(Proprietor of M/s. Shamika Tours and Travels) ]
7/1/1, Vitthal Mandir Vasahat, ]
Bhoiwada Cementry Lane, Parel ]
Mumbai – 400 12. ]...Defendants.
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Judgment in 2
Suit No.2999/2019
Appearance:
Adv. Rajkumar K. Shukla for plaintiff.
Defendant – Exparte.
SUIT FOR RECOVERY OF MONEY
Coram : Shri. U.C.Deshmukh.
Judge.
CR No. : 59.
Date :16th September, 2023.
ORAL JUDGMENT
(Judgment dictated and pronounced in open Court)
The plaintiff has instituted the suit for recovery of an
amount of Rs.2,59,699.97 with interest at the rate of 11.70% p.a.
Brief facts of the case are as under :
2. The plaintiff contends that he is body Corporate
Constituted under the provisions of the Banking Companies (Acquisition
and Transfer of Undertakings) Act V of 1970. Defendant No.2 is the
proprietor of Defendant No.1. Defendant No.1 through Defendant No.2
approached to plaintiff to sanction loan of Rs.6,15,000/-. After
fulfillment of necessary formalities the plaintiff sanctioned loan of
Rs.6,15,000/- to the defendants on 02.12.2015.
3. It is specifically case of the plaintiff that the defendants
ought to have repay the loan within 60 installments. However, since
month of September 2019 the defendants failed to pay loan. Hence, the
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Suit No.2999/2019
plaintiff issued notice to the defendants to pay Rs. 2,59,699.97.
However, they failed to repay the loan. Hence this suit.
4. Defendants are duly served with writ of summons but they
failed to appear. Therefore, the suit proceeded exparte against them as
per order dated 24.02.2020.
5. The plaintiff filed affidavit of evidence of Ashish Ohri at
Exh.6. along with List of Documents at Exh.7. The plaintiff closed its
evidence on 17.04.2023. The plaintiff has produced the following
documents along with Exh.7 which are as under :
Sr.No. Particulars
1. Copy of Power of Attorney
2. Original Loan Application
3. Original Sanction Memorandum
4. Original Certificate of Loan Papers Obtained
5. Original Letter Evidencing Execution of
Documents.
6. Original Letter of Undertaking re:
Loans/Advances
7. Original Take Delivery Letter to DPN
8 Original of Pro Note
9. Original Particulars of Vehicles/
Machinery/Equipment/Livestock
10. Original Deed of Hypothecation
11. Original Acknowledgment of Debt and
Security.
12. Original Legal Notice, Postal Receipt and
Returned Packets
13. Statement of account
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Suit No.2999/2019
14. Particulars of Plaintiffs claim against
defendants
6. It is submissions of Ld. Advocate of plaintiff that on date of
cause of action the defendants were bound to pay an amount of
Rs.2,59,699.97. The evidence of the plaintiff remain unchallenged.
Hence, prayed to decreed the suit.
7. Considering the facts, submission of Ld. Advocate for the
plaintiff, documents on record, following points arise for
determination.:
Sr. No. POINTS FINDINGS
1.
Whether the plaintiff is
entitled to recover an amount
of Rs. 2,59,699.97 at the rate
of 9.70% p.a.
....Partly Yes....
with interest @
9.70%pa.
2.
Whether the suit is within the
limitation. ...Yes....
3. What order and decree? Suit is partly decreed.
:: R E A S O N ::
As to point No. 1 to 2.:
8. It is needless to say that as suit proceeded exparte, hence,
the pleading and evidence of the plaintiff has remained unchallenged.
Hence, there is no reason - to discard the case of the plaintiff. In support
of the case of the plaintiff, plaintiff has examined Mr. Aashish Ohari at
Exh.06. The plaintiff has also filed documents at Exh. 7, Sanction letter
dated 02.12.2015 which fortified the contention of the plaintiff that the
plaintiff sanctioned loan of Rs.6,15,000/- to the defendants.
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Suit No.2999/2019
9. The plaintiff also filed acknowledgment of date of security
dated 28.06.2018 which also supported of contents of plaintiff that on
28.06.2018 to plaintiff acknowledged loan taken by them from the
plaintiff. The acknowledgment is executed within a period of loan
repayment agreed by defendants. Statement of account at serial number
13 of list also supports contents of plaintiff that on 05.09.2019
defendants are bound to pay an amount of Rs. 2,59,699.97 and on
03.07.2019 the defendants had paid part of the loan. Considering the
date of last payment and amount due, the plaintiff succeed to show that
the suit is within limitation and defendants are liable to pay an amount
of Rs.2,59,699.97.
10. So far as the interest at the rate of 11.07% p.a. the account
statement its silent as to levy of such interest. Hence, plaintiff is entitled
to recover an amount of loan of Rs. 2,59,699.97 with interest at the rate
of 9.70 % p.a. Accordingly, point Nos. 1 & 2 are answered in the
affirmative.
11. The suit is going to partially decreed. The defendants are
failed to pay suit amount. Non payment of loan amount to plaintiff
constrained to institute the suit. Hence, the plaintiff is entitle to cost of
the suit. Accordingly, in answer to point No. 3, following order is
passed :
ORDER
1. Suit No. 2999 of 2019 is partly decreed with cost.
2. Defendants No.1 and 2 are hereby directed jointly and
severally to pay an amount of Rs. 2,59,699 (Rs. Two lakh fifty
nine thousand six hundred ninety nine only ) with interest at
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Suit No.2999/2019
the rate of 9.70% p.a. from the date of the suit till its
realization.
3. Defendants are directed to pay an amount of decree within
two months from the date of this order to Plaintiff.
4. Decree be drawn up accordingly.
5. Suit No.2999 of 2019 is disposed off accordingly.
(Dictated and Pronounced in Open Court)
(U. C. Deshmukh)
Judge,
City Civil and Sessions Court
Date.:16.09.2023 Greater Bombay (CR 59).
Declared on : 16.09.2023
Dictated on : 16.09.2023
Transcribed on : 16.09.2023
Checked on : 25.09.2023
Signed on : 29.09.2023
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Suit No.2999/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
29.09.2023 5.00 p.m. Manasi M. Kadam
Name of the Judge (With Court
Room No.)
HHJ SHRI. U. C. DESHMUKH (CR 59)
Date of Pronouncement of
JUDGMENT /ORDER
16.09.2023
JUDGMENT /ORDER signed by
P.O. on
29.09.2023
JUDGMENT /ORDER uploaded
on
29.09.2023
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