Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1/6 Judgment in Com. Suit No. 224/2019
Lodged on : 23.10.2019
Admitted on : 26.11.2019
Decided on : 16.03.2023
Duration : Y M D
3 4 21
COMMERCIAL SUIT NO. 224 OF 2019
CNR NO. : MHCC010109372019
Exh.22
Canara Bank, a body corporate ]
constituted and functioning under the ]
Banking Companies (Acquisition and ]
Transfer of Undertakings) Act, 1970 ]
having its Head Office at 112, J.C. Road, ]
Bangalore, Karnatak State and having ]
one of their branch office at 167, Navyug ]
Niwas, Opp. Minerva Cinema, Lamington ]
Road, Mumbai – 400 007. ] ...Plaintiff
Versus
M/s. Alam Tours and Travels ]
A Proprietary concern, through its ]
Proprietor : Mr. Firoz Alam Shaikh ]
Aged 32 years, Indian Inhabitant, ]
residing at Room No. E536, Noor ]
Ki Chawl, Behram Nagar, Prof. Anant ]
Kanekar Marg, Bandra (E), ]
Maharashtra – 400 051. ]
And also at ]
Room No. 216, Behram Nagar, Near ]
Kallu Chawl, Bandra (E), Mumbai 400 051.] ...Defendant
Appearance:
Adv. Sujata Dahigaonkar for Plaintiff.
Defendant exparte.
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2/6 Judgment in Com. Suit No. 224/2019
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE, (C.R.NO.31)
DATED : 16th MARCH 2023
J U D G M E N T
(Delivered on : 16.03.2023)
The plaintiff bank has filed the present suit for the recovery
of the amount of Rs.4,12,689.05ps. from the defendant along with
interest at the rate of 10.75% per annum from the date of filing of the
suit till realization.
2. Brief facts of the plaintiff's case is as under:
The plaintiff is a Banking Institute having its Head Office at
at Bangalore and one of its branch office is at Lamington Road,
Mumbai. The defendant is a proprietary concern namely M/s. Alam
Tours and Travels and its proprietor is Mr. Firoz Shaikh. The defendant
approached the plaintiff bank for grant of loan of Rs.4,55,000/ for the
purpose of purchase of vehicle being Maruti WagonR LXI for
commercial purpose. Upon the request of the defendant, the plaintiff
bank sanctioned the loan facility of Rs. 4,55,000/ with interest at the
rate of 10.95% per annum. The defendant executed various documents
in favour of the plaintiff bank at the time of sanction of the loan. The
defendant was not at all regular in repaying the amount to the plaintiff.
The defendant avoided to repay the loan amount. Therefore, the
plaintiff bank through his Advocate issued a legal notice to the
defendant on 13.02.2019 and called upon the defendant to pay the
outstanding amount with interest. As per Statement of Account, as on
21.10.2019, the defendant is liable to pay a sum of Rs. 4,12,689.05ps.
together with interest. Hence, the plaintiff filed the present suit against
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3/6 Judgment in Com. Suit No. 224/2019
the defendant and prayed that the defendant be directed to pay to the
plaintiff a sum of Rs.4,12,689.05ps. together with interest at the rate of
10.75% per annum with monthly rests from the date of filing of the suit
till its realization.
3. The suit summons was issued to the defendant through
paper publication. The summons was published in two newspapers. The
Writ of Summons was duly served to the defendant, but the defendant
remained absent. Hence, as per order passed on 13.01.2023, the suit
proceeded exparte against the defendant.
4. In support of the pleading, the plaintiff bank examined its
Branch Manager namely Mr. Pramod Adsul at Exh.8. The plaintiff filed
documentary evidence along with list Exh.9. The documentary evidence
are at Exh.10 to 20. Evidence closure pursis of the plaintiff is at Exh.21.
5. After considering the pleadings of the plaintiff and evidence
on record, following points arise for my determination and I have
recorded my finding against each of them with the reasons to follows:
POINTS FINDING
1) Whether plaintiff bank proves
that an amount of
Rs.4,12,689.05ps. is outstanding
from the defendant?
In the affirmative
2) Whether plaintiff bank is entitled
to recover an amount of
Rs.4,12,689.05ps. from the
defendant? If yes, at what rate of
In the affirmative.
At the rate of 10.95% per annum
on the principal amount.
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interest?
3) What order and decree? As per final order.
R E A S O N S
6. Heard Learned Advocate Sujata Dahigaonkar for the
plaintiff at length.
As to Point Nos.1 & 2
7. It is the case of the plaintiff bank that on the request of the
defendant, the plaintiff bank has sanctioned the loan of Rs. 4,55,000/
to the defendant for the purchase of vehicle. The defendant executed
relevant documents in favour of the plaintiff bank namely Loan
Application, Letter of Sanction, Receipt, Composite Hypothecation
Agreement, Confirmation of Delivery of Machinery, Letter of Authority
to debit monthly installment and letter of consent. The defendant failed
to repay the loan amount. According to the plaintiff, an amount of
Rs.4,12,689.05ps. is due from the defendant. The aforesaid averment
made in the plaint were not denied or disputed by the defendant by
filing its Written Statement. Therefore, an inference can be drawn that
the defendant has admitted the claim of the plaintiff.
8. In support of the pleading, the plaintiff bank examined its
Branch Manager namely Mr. Promod Adsul at Exh.8. He has reiterated
the averments made in the plaint. He has specifically deposed that an
amount of Rs.4,12,689.05ps. is outstanding from the defendant. This
witness has also proved the documentary evidence filed by the plaintiff
at Exh.10 to 20. The oral evidence of PW1 is not subjected to the cross
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5/6 Judgment in Com. Suit No. 224/2019
examination. Therefore, I have no reason to disbelieve the version of
the plaintiff.
9. The oral evidence of the plaintiff is supported by
documentary evidence. The relevant documents submitted by the
plaintiff are at Exh.10 to 20. On perusal of bank statement at Exh.19, it
appears that an amount of Rs. 4,12,689.05ps is due from the defendant
on 21.10.2019. Thus, the documentary evidence tendered by the
plaintiff itself indicates that an amount of Rs.4,12,689.05ps. is
outstanding from the defendant. In my view, the plaintiff by adducing
oral and documentary evidence sufficiently proved that an amount of
Rs.4,12,689.05ps. is outstanding from the defendant. Hence, the
plaintiff bank is entitled to recover the said amount of
Rs.4,12,689.05ps. from the defendant with interest.
10. So far as the rate of interest is concerned, the plaintiff bank
has claimed interest at the rate of 10.75% per annum. The documentary
evidence filed by the plaintiff shows that the agreed rate of interest
between the parties is 10.95% per annum. In short, the plaintiff is
entitled to recover the outstanding amount of Rs.4,12,689.05ps. along
with interest at the rate of 10.95% per annum. Hence, I answer point
no. 1 in affirmative and point no. 2 accordingly.
11. In the light of aforesaid discussion, it is concluded that the
plaintiff bank has sufficiently proved their claim. Hence, the plaintiff
bank is entitled to recover the outstanding amount of Rs.4,12,689.05ps.
from the defendant alongwith interest at the rate of 10.95% per anuum
on the principal amount from the date of filing of the suit till its
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6/6 Judgment in Com. Suit No. 224/2019
realization. Hence, the suit needs to be decreed. Hence, I pass the
following order:
ORDER
1) Commercial Suit No. 224 of 2019 is decreed with costs.
2) The defendant do pay an amount of Rs.4,12,689.05ps. (Rs. Four
Lakhs Twelve Thousand Six Hundred Eighty Nine and Five Paise
Only) to the plaintiff bank along with interest at the rate of
10.95% per annum on the principal amount from the date of
filing of the suit till its realization within three months from the
date of this decree.
3) Defendant shall bear the cost of the suit.
4) Court fee, if any, be refunded to the plaintiff as per rule.
5) Decree be drawn up accordingly.
(Judgment pronounced in the open Court)
Dated : 16.03.2023 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 16.03.2023
Transcribed on : 21.03.2023
Signed on : 21.03.2023
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7/6 Judgment in Com. Suit No. 224/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21.03.2023 5.10 p.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
16.03.2023
Judgment/order signed by P.O on 21.03.2023
Judgment/order uploaded on 21.03.2023
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