Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: Comm.Suit No. 179/19. 1 Ex-parte Judgment.
MHCC010113792019
Presented on : 21-06-2019
Registered on : 07-11-2019
Decided on : 31-03-2021
Duration : 1 years, 9 months, 10 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 179 OF 2019
Exh.19.
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 Naigaum Dadar Branch )
having address at Gr Floor, Dr. D.B.Kulkarni )
Vidyalay Lok Seva Sangh, Mahatma Jyotiba Phule)
Road, Naigaum, Dadar (East), Mumbai400014, )
in the State of Maharashtra represented by )
Mr. Maneesh Kumar, Age: 29 Years, Manager )...Plaintiff
Versus
Mr. Syed Shakil Nihal Akhter Rizvi, )
Age Not Known, Adult, Occupation– Taxi Driver, )
Room No. 1, Liyakat Chawl, )
Kajupada Pipe Line Behind )
St. Judges High School, Kurla West, )
Mumbai400070 )...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 31st MARCH, 2021.
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Comm.Suit No. 179/19. 2 Ex-parte Judgment.
Ms. Shraddha Agrawal, Advocate for Plaintiff.
None for Defendant. (Exparte ).
JUDGMENT (EXPARTE)
This is a suit for recovery of Rs.4,06,093.59 (Rupees Four
Lakhs Six Thousand Ninetythree and Paise Fiftynine Only) with
interest at the rate of 11.70% p.a. The suit is based on statement of
account and hypothecation document.
Plaintiff's case is narrated as follows :
2. Plaintiff is a banking institute. Defendant approached the
plaintiff bank for term loan of Rs.4,50,000/ (Rupees Four Lakhs Fifty
Thousand Only) by application dated 01/02/2016. The plaintiff bank
sanctioned the term loan of Rs.4,50,000/ (Rupees Four Lakhs Fifty
Thousand Only) under Canara Pragati Scheme covered under GCTMSE
scheme to the defendant on 21/03/2016 for purchase of HYUNDAI I 10
D LITE taxi. It was agreed to repay the said loan in 60 months.
Defendant executed the documents i.e. Certificate of Loan Papers
Obtained on Form 482 dated 21/03/2016, letter evidencing execution
of documents dated 21/03/2016, letter of undertaking re:
loans/advances, particulars of vehicles and deed of hypothecation.
Defendant has purchased the vehicle bearing Registration No. MH03
AT5684. Defendant failed to repay the loan as agreed. Despite
repeated demand and legal notice dated 30/11/2018, defendant is
failed to repay the loan. Hence, the suit.
3. Suit summons is duly served on defendant vide affidavit of
service at Exh.3(colly.). Defendant is failed to appear. Hence, the suit
is proceeded exparte against the defendant.
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Comm.Suit No. 179/19. 3 Ex-parte Judgment.
4. To support the plaint, plaintiff has examined only one
witness and closed the evidence by filing pursis vide Exh.18. PW 1
Rajani Bordawekar, Manager of the plaintiff bank has submitted claim
affidavit vide Exh.5 and statement of truth vide Exh.4. It is supported
with various relevant documents. Various documents alongwith list
vide Exh.6 are marked from Exh.7 to 17. Application made by
defendant on 01/02/2016 is at Exh.8. Sanction letter dated
21/03/2016 is at Exh.9. Certificate of loan papers obtained is at
Exh.10. Letter evidencing execution of documents is at Exh.11.
Letter of undertaking re Loans/Advances is at Exh.12. Particulars of
vehicle are at Exh.13 and Deed of Hypothecation is at Exh.14. The
notice issued by plaintiff dated 30/11/2018 and postal receipt are at
Exh.15. Perused statement of account vide Exh.16 maintained by
plaintiff bank. Plaint is supported with agreement between the parties,
hypothecation in the name of plaintiff bank and statement of account
maintained by the plaintiff bank. Absence of defendant despite due
service of summons, infers that he admits the suit claim. In result, it
deserves to decree the suit.
5. Interest claimed by plaintiff bank at the rate of 11.70% p.a.
appears to be reasonable. Hence, the order :
ORDER
1. Suit is decreed with cost.
2. Defendant shall pay the amount of Rs.4,06,093.59 (Rupees
Four Lakhs Six Thousand Ninetythree and Paise Fiftynine
Only) with interest @ 11.70% p.a. from the date of suit till
realization, within two months from the date of decree.
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Comm.Suit No. 179/19. 4 Ex-parte Judgment.
3. Decree shall be drawn accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 31/03/2021. Mumbai.
1. Dictated on : 31/03/2021.
2. Transcribed on : 19/04/2021.
3. Signed on : 21/04/2021.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/04/2021. 11.34 a.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 31/03/2021.
Judgment/Order signed by P.O. on 21/04/2021.
Judgment/Order uploaded on 21/04/2021.
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