Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: C S No.1365 of 2021 -: 1 :- Ex-parte Judgment
MHCC010106902019
Presented on : 18.10.2019
Registered on : 23.12.2021
Decided on : 05.05.2025
Duration : YY: MM: DD
05 : 06 : 17
EXHIBIT NO.20
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY
COMMERCIAL SUIT NO. 1365 OF 2021
Union Bank of India,
(Erstwhile Corporation Bank merged with Union
Bank of India as per Government of India
notification dated 01.04.2019)
A Body Corporation constituted under the
Banking Companies (Acquisition & Transfer of
Undertaking) at 1970, having its Head Office at
Mangalore, Karnataka.
And at Dadar (West) Branch, 401, AIF Building,
Near Portuguese Church, Ghokhale Road,
Mumbai- 400 028.
Represented by its Officer Mr. Amit Kumar
Baharti. ... Plaintiff.
V/s.
Naimuddin Shaikh,
Address: Room No.2, Sharma Punjabi Chawl
No.1, Shastri Nagar, Kalina, Santacruze (East),
Mumbai – 400 029. ... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. A. S. KAZI
(COURT ROOM NO.14)
DATE : 05.05.2025.
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C S No.1365 of 2021 -: 2 :- Ex-parte Judgment
-: Appearances: -
Ld. Adv. Sofiya Patel for the plaintiff.
Defendant Ex-parte.
E X-P A R T E J U D G M E N T
1) The plaintiff Bank has filed the present suit against defendant
for recovery of sum of Rs.5,98,078/- in Term Loan Account as on
15.09.2019 with interest charged upto 15.09.2019 together with further
interest @ 10.65 % with monthly rests from 16.09.2019 till payment as
the advance was granted to the defendant for Commercial purposes
with the meaning of Section 34 of the Civil Procedure Code, 1908.
2) The plaintiff is a body corporate, constituted and established
under the Banking Companies (Acquisition and Transfer of
Undertaking) Act, 1970. Erstwhile ‘Corporation Bank’, merged with
‘Union Bank of India’, as per Government of India Notification dated
01.04.2019.
3) It is seen from the record that, the writ of summons was duly
served upon the defendant through RPAD on 29.03.2023, which was
returned with postal endorsement as ‘unclaimed’. Inspite of due service,
the defendant failed to appear before the court within prescribed
period, hence this court proceeded present suit as ‘Ex-parte’ against him
vide order dated 29.08.2023.
4) Heard Ld. Advocate for the plaintiff and perused the record.
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C S No.1365 of 2021 -: 3 :- Ex-parte Judgment
5) It is submitted on behalf of the plaintiff that, the defendant
approached to the plaintiff’ bank for a Term Loan of Rs.7.30 Lakhs for
purchasing Brand New Maruti Suzuki SX4 VXI (BSIV) Silky Silver. At
the request of the defendant, the plaintiff bank agreed to sanction a
Term Loan of Rs.7.30 Lakhs for purchase of above vehicle with rate of
interest at 10.65 % p. a. (floating) at monthly rests, to be payable in 84
equal monthly installment of Rs.12,366/- commencing from next month
of disbursement against hypothecation of purchase vehicle, as per the
terms and conditions mentioned in the sanction letter dated
27.01.2014. In order to secure the loan, the defendant has executed
certain documents in favour of the plaintiff for the above loan purpose.
Thereafter, the plaintiff disbursed the said loan amount on the
defendant’s account.
6) It is further submitted that, the defendant has availed of and
utilized the said loan facility. After availing loan facility, the defendant
neglected and failed to pay monthly installments regularly and the
defendant failed to operate the said loan account as per the terms
conditions in which said facility is granted to it. Therefore, the loan
account of the defendant classified as Non-Performing Asset (NPA), as
per prudential norms. Thereafter, the plaintiff on numerous occasions,
called upon him to regularized the said loan, however, the defendant
failed and neglected to pay the outstanding amount. Hence, the plaintiff
issued Legal Notice dated 11.02.2019 through its advocate, calling upon
him to pay outstanding amount with interest. But of no use. Hence, the
plaintiff constrained to file the above suit for recovery of above said
amount.
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C S No.1365 of 2021 -: 4 :- Ex-parte Judgment
7) It is the case of the plaintiff that, an principal amount of
Rs.5,91,007/-, along with uncharged interest from 06.08.2019 to
16.09.2019 @ 10.65 % p. a. amounting to Rs.5,98,078/- is due and
recoverable from the defendant. In support of its claim, The plaintiff
filed Affidavit of Examination-in-Chief of PW-01 at Exh.05 and the
plaintiff got proved documents through this witness filed along-with list
Exh.06. The plaintiff has examined PW-1, Amir Kumar Bharti, Chief
Manager / Authorized Signatory of the plaintiff’s bank. The plaintiff has
filed True Copy of Power of Attorney along-with the list of documents
(Exh.18), thereby witness has authorized to depose on behalf of the
plaintiff’s bank. The testimony of this witness has remained
unchallenged.
8) The plaintiff filed documents on record such as :- Sanction
Letter dated 27.01.2014 (Exh.7); Agreement Term Loan dated
05.02.2014 (Exh.8); Agreement of Hypothecation of Vehicle dated
05.02.2014 (Exh.9); Letter of Undertaking dated 05.02.2014 (Exh.10);
Delivery Receipt dated 05.02.2014 (Exh.11); D. P. Note dated
03.02.2017 (Exh.12); Take Delivery Letter to D. P. N. dated 03.02.2017
(Exh.13); Details of Hypothecated Vehicle (Exh.14); Copy of Legal
Notice dated 11.02.2019 along-with Postal Receipt (Exh.15); Statement
of Account (Exh.16); and Certificate of Information Technology Act
(Exh.17). The plaintiff has also filed Evidence Closing Pursis at Exh.19.
9) It is also submitted that, the plaintiff has filed an application
for Pre-Institution Mediation in view of mandate of Section 12-A of the
Commercial Courts Act, on 15.02.2019. However, notices issued as per
Rule 3 (3) of the Commercial Courts (Pre-Institution Mediation and
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C S No.1365 of 2021 -: 5 :- Ex-parte Judgment
Settlement) Rule, 2018, however, the envelop of notices was returned
with Postal Remand as “Not Claimed”. Hence, the Secretary DLSA has
issued Non-Starter Report on 26.07.2019. Therefore, in view of Proviso
of Section 12-A of the Commercial Courts Act, the period during which,
the parties remained occupied with the Pre-Institution Mediation, such
period shall not be computed for the purpose of limitation under the
Limitation Act.
10) It is further submitted that, the defendant had made last
payment of Rs.20,000/- on 03.10.2017 and the present suit is lodged on
18.10.2019, thus, it is within limitation.
11) Upon perusal of documents at Exh.07 to Exh.18, which went
unchallenged, the plaintiff duly proved its claim against the defendant.
The testimony of plaintiff's witness has remained unshattered. There is
no challenge to the documentary evidence produced by the plaintiff.
Thus, in view of my above discussion and considering the pleadings and
evidence adduced by the plaintiff, the plaintiff bank duly proved that,
the defendant is liable to pay due principal amount of Rs.5,91,007/-
with interest. Considering the nature of transaction, I am of the view
that, if the defendant is directed to pay interest at the rate of 9 % per
annum on due amount from the date of its actual due till its realization
in full, then it will sub-serve ends of the justice. Hence, my answer to
point No.1 in partly affirmative and proceed to pass the following
order:-
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C S No.1365 of 2021 -: 6 :- Ex-parte Judgment
ORDER
1) Commercial Suit No.1365 of 2021 is Partly Decreed with Costs.
2) The Defendant do pay jointly and severally an principal amount of
Rs.5,91,007/- together with interest at the rate of 9 % per annum from
the date of its actual due till its full realization.
3) Decree be drawn up accordingly.
4) Commercial Suit No.1365 of 2021 disposed off accordingly.
(A. S. Kazi)
Judge, City Civil & Sessions Court,
Date: 05.05.2025. Mazgaon, Gr. Mumbai
(C. R. No.14)
Direct Typed On : 05.05.2025.
Signed on : 05.05.2025.
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C S No.1365 of 2021 -: 7 :- Ex-parte Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: 05.05.2025 NAME OF STENOGRAPHER
TIME: 04.45 p.m. Mr. Ashok Sudhakar Patil
Name of the Judge (With Court
room no.)
HHJ Shri. A. S. Kazi.
(Court Room No.14)
Date of Pronouncement of
JUDGEMENT/ORDER
05.05.2025
JUDGMENT/ORDER signed by P. O.
on
05.05.2025
JUDGEMENT/ORDER uploaded on 05.05.2025
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