Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: ..1.. Commercial Suit No. 379 of 2020
MHCC010129912019 Presented on : 10/12/19
Registered on : 15/02/20
Decided on : 27/04/26
Duration : 06Y: 04M: 17D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
EXH-17
COMMERCIAL SUIT NO.379 OF 2020
Syndicate Canara Bank, a bank constituted,
Established and functioning under
The banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970,
Having its head office at Manipal, 112 J.C. Road,
Bengalore-560002, Karnataka State and
amongst other, Having one of its Industrial
Finance Branch at 3rd Floor, 10 Homji Street
Fort Mumbai, Mumbai-400 023 Through its
Assistant General Manager
Mr. K. Krishnamurthy
Age: 55 year, (...deleted)
Occu. Service
Through its Authorized Officer Sumit Kumar, Age
38 years,
]
]
]
]
]
]
]
]
]
]
]
]
]
]
] ..Plaintiff
Versus
1.
2.
M/s. ARK Tours & Travels
Through its Proprietor Fazlani Junad
Age: 30 years Occu.Business
Residing at 2nd Floor,77
Narayan Dhuru Street, C Wing
Near Pydhoni Police Station
T.J.Road, Cotton Green
Mumbai-400003.
Fazlani Junad
Age: 30 years Occu.Business
Residing at 2nd Floor,77
]
]
]
]
]
]
]
]
]
]
]
]
-- 1 of 5 --
..2.. Commercial Suit No. 379 of 2020
Narayan Dhuru Street, C Wing
Near Pydhoni Police Station
T.J.Road, Cotton Green
Mumbai-400003.
]
]
]
] ..Defendants
Appearance :-
Ld. Adv. Mahesh Chandanshiv for plaintiff.
None for defendants.
(Ex-parte)
CORAM : SACHIN SURYAKANT PATIL,JUDGE
COURT ROOM NO.32.
DATE : 27/04/2026.
J U D G M E N T
1) This Commercial Suit is filed for recovery of amount under
Commercial Court Act, 2015.
The facts in brief are as under -
2) Defendant obtained vehicle loan of Rs.4,50,000/-. He
agreed to repay the loan with interest @ 10.90% P.A. with monthly
installment of Rs.9,963/-. He did not repay the loan as agreed. The
account was declared NPA on 30/09/2017. Amount of
Rs.3,41,740.65/- is due from the defendant. Demand notice sent to
defendant on 23/10/2018. Defendant did not comply with the notice
and repay the loan. Hence, this suit for recovery of amount.
3) The first writ of summons was served upon the defendants.
Defendants did not appear. Hence, matter proceeded ex-parte against
the defendants.
4) Heard the arguments of plaintiff. In view of aforesaid facts,
following points arise for my determination. I have recorded my
decisions thereon for the reasons stated as under :
-- 2 of 5 --
..3.. Commercial Suit No. 379 of 2020
SR.
NO.
POINTS DECISIONS
1. Whether the plaintiff is entitled for
recovery of sum of Rs.3,41,740.65/-
with interest @ 20% p.a. ? Partly yes
2. What order ? ...As per final order.
R E A S O N S
5) The authorised person of plaintiff Mr. Rajendrakumar Kamuni
has filed evidence affidavit vide Exhibit-14. Plaintiff has relied upon
documentary evidence produced at Exh-P1/1 to Exh-P1/15.
AS TO POINT NO.1 :-
6) PW-1 Mr. Rajendrakumar Kamuni has deposed that, defendant
obtained vehicle loan of Rs.4,50,000/-. Defendant obtained vehicle
loan of Rs.4,50,000/-. He agreed to repay the loan with interest @
10.90% P.A. with monthly installment of Rs.9,963/-. He did not repay
the loan as agreed. The account was declared NPA on 30/09/2017.
Amount of Rs.3,41,740.65/- is due from the defendant. Demand notice
sent to defendant on 23/10/2018. Defendant did not comply with the
notice and repay the loan.
7) On perusal of loan documents produced by the plaintiff at Exh-
P1/1 to Exh-P1/15, it is evident that defendant had obtained vehicle
loan of Rs.4,50,000/-. Defendant had executed Hypothecation
Agreement. As per the evidence of plaintiff, amount of Rs.3,41,740.65/-
is due from defendant as on the date of suit. Defendant has not
appeared in the present suit. The suit has been proceeded ex-parte.
Therefore, the case of plaintiff has remained unchallenged. Plaintiff has
produced documents to show that defendant agreed to pay interest @
-- 3 of 5 --
..4.. Commercial Suit No. 379 of 2020
10.90% p.a. The plaintiff has claimed interest at the rate of 20%p.a.
However, it has not produced any evidence to justify the interest at the
rate of 20% p.a. Hence, while answering point No.1 in partly
affirmative, I pass the following order :-
ORDER
1. Commercial Suit No.379 of 2020 is partly decreed
with costs.
2. Defendants shall jointly and severally pay an amount
of Rs.3,41,740.65/- (Rupees Three Lakhs Forty One
Thousand Seven Hundred Forty and Sixty Five Paise
Only) to plaintiff with interest at the rate of 10.90%
p.a. from the date of suit till its realization.
3. Decree be drawn accordingly.
(Judgment dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court,
Mazgaon, Mumbai, Court No.32
Dated :27/04/2026
Dictated and typed on :27/04/2026.
Signed by HHJ on :27/04/2026.
-- 4 of 5 --
..5.. Commercial Suit No. 379 of 2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Mrs. V. V. Malgaonkar
Name of Stenographer
27/04/26 05.05 p.m.
Name of the Judge (With C.R. No.) SACHIN SURYAKANT
PATIL,JUDGE
(COURT ROOM NO.32)
Date of Pronouncement of
JUDGMENT / ORDER
27/04/26
JUDGMENT / ORDER signed by
P.O. on
27/04/26
JUDGMENT / ORDER uploaded on 27/04/26
-- 5 of 5 --