Final Order 1

Order Details: Copy of Judgment
Pdf Text: Suit 578 of 2020 .. J/1 .. Judgment
MHCC010131152019 Presented on : 13.12.2019
Registered on : 18.12.2020
Decided on : 24.12.2025
Duration : 06 Y 00 D 11 M
Exhibit : 21
EXH.
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON
SUMMARY SUIT NO.578 OF 2020
CORPORATION BANK
a body corporate constituted under the provisions of
the Banking Companies (Acquisition & Transfer of
Undertakings) Act, 1980 having its Zonal office at
28, Mittal Chambers, 2nd floor, Nariman Point,
Mumbai – 400 021 and
Branch Office amongst others at Corporation Bank,
Shivaji Park Branch at 127, Manmala Tank Road,
Talkalwadi, Barkha Cinema, Opp Star City Cinema,
Mahim (West), Mumbai – 400 016, representated
through its Chief Manager Mr. Manpreet Singh age
37 years
UNION BANK OF INDIA,
a body corporate constituted under the provisions of
the Banking Companies (Acquisition & Transfer of
Undertakings) Act, 1980 having its Zonal office at
Union Bank Building, 6th Floor, 66180, Mumbai
Samachar Marg, Fort, Mumbai – 400 011 and a
Branch office amongst others at Union Bank of India
(e-corporation Bank), Shivaji Park Branch, 127,
Manmala Tank Road, Talkalwadi, Barkha Cinema,
Opp Star City Cinema, Mahim (West),
Mumbai – 400 016.
Deleted as per
order dated
31.08.2022.
...Plaintiff.
Versus
Mr. Sandeep Kumar Gupta,
Age : 32 years, Occ. : Professional having address at
Room No.60, 1/7, E Block, V. P. Nagar, Lala Lajpatrai
Marg, Lotus Worli, Mumbai – 400 018.
...Defendant.
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Appearances:
Adv. V. B. Tiwari. For the plaintiff.
Ex parte. For defendant.
CORAM : HIS HONOUR JUDGE
N. B. LAVTE, (C.R.No.83)
DATED : 24th December, 2025
J U D G M E N T
(Ex-parte)
(Suit under Order XXXVII OF C.P.C.)
This is a summary suit filed under Order XXXVII Rule.2 of
the Code of Civil Procedure for recovery of an amount of Rs.2,47,450/-
with interest @ 9.70% p.a.
2. The brief facts necessary for deciding the present suit is
that :
The plaintiff is a body corporate constituted and
established under the Banking Companies (Acquisition & Transfer of
Undertakings) Act, 1980, Union Bank of India Act 1980. The suit is filed
by Chief Manager Mr. Manpreet Singh. On 25.05.2016 defendant filed
loan application for term loan of Rs.3,90,000/- for commercial CCVL
loan. The loan was sanctioned on 11.06.2016 vide sanction letter
bearing No.RLC/MUM/CCVL/14301/2016-17. The same was disbursed
on 17.06.2016. The defendant executed demand promissory note dated
25.03.2019, take delivery letter, agreement for term loan dated
17.06.2016, letter of undertaking/declaration dated 17.06.2016, an
Agreement of Hypothecation of vehicle dated 17.06.2016, delivery
receipt, authority letter, consent letter and certificate of registration.
The defendant undertook to repay the loan amount in 60 EMI of
Rs.8,364/-.
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3. It is further case of the plaintiff bank that the defendant
failed and neglected to pay the EMI as agreed though utilised the entire
loan amount. An amount of Rs.2,45,535/- is outstanding as on
25.11.2019. On 26.11.2019 legal notice was issued, however, defendant
failed to make the payment. On 26.06.2019 payment of Rs.14,000/ was
made. Hence, the suit.
4. The defendant was duly served vide bailiff report Exh.03.
The defendant failed to appear, hence by an order dated 12.07.2024
suit was directed to proceed ex-parte.
5. From the pleadings of plaintiff, following points arise for
my consideration and determination to which I have given my findings
alongwith reasons as under:
Sr. Points Findings
1. Is plaintiff Bank entitled for recovery of an
amount of Rs.2,47,450/- as on 10.12.2019 with
further of 9.70% p.a from the defendant ?
Affirmative.
2. What order and decree ? As per final
order
REASONS
6. In order to substantiate the suit claim, plaintiff bank
examined authorized signatory Mr. Santosh Balaji Basawe Vide Exh.04.
Reliance is placed on the following list of documents, namely, loan
application (Exh.06 Colly), sanction letter (Exh.07 Colly), Demand
promissory note (Exh.08 Colly), Take Delivery Letter (Exh.09 Colly),
Agreement for term loan (Exh.10 Colly), letter of
undertaking/declaration (Exh.11 Colly), an Agreement of
Hypothecation of vehicle (Exh.12 Colly), Delivery receipt (Exh.13),
Letter of authority (Exh.14), consent letter (Exh.15), Certificate of
registration (Exh.16), Legal notice (Exh.17 Colly), statement of account
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(Exh.18 Colly), Certificate u/Sec.2(a) of the Bankers Book Evidence Act
(Exh.19 Colly) and Copy of Power of Attorney (Exh.20).
AS TO POINT NO.1.
7. Heard Adv. V. B. Tiwari for plaintiff and gone through the
entire documents filed on record. From the pleadings and record, it
goes to show that, defendant approached the plaintiff bank with a
proposal of loan. He filed loan application (Exh.06 Colly). The loan was
sanctioned vide sanction letter (Exh.07 Colly). Towards security,
defendant executed demand promissory note (Exh.08 Colly), agreement
for term loan (Exh.10 Colly) and letter of undertaking/declaration
(Exh.11 Colly). Thus, the documents and the uncontroverted evidence
of the branch manager go to show that loan was advanced towards
which the above documents were executed by defendant.
8. The defendant failed to pay the instalments as agreed
which can be seen from the statement of account (Exh.18 Colly). The
outstanding amount is Rs.2,24,287/- as on 30.11.2020. In order to
prove the same, as discussed above, the plaintiff’s Bank Manager
Santosh Basawe filed his evidence affidavit (Exh.04) and reiterated the
contents of the plaint in verbatim. As the matter proceeded ex-parte,
his evidence affidavit and the documents have gone unchallenged. By
filing documents disbursement of loan and failure on the part of
defendant to pay the EMI’s is proved. Thus, I am of the view that
plaintiff Bank is entitled for recovery of an amount of Rs.2,47,450/-
alongwith agreed rate of interest of 9.70% p.a from defendant. Hence,
the point No.1 is answered in affirmative.
AS TO POINT NO.2:
9. In view of my affirmative finding of point No.1, the plaintiff
bank is entitled of recovery of an amount of Rs.2,47,450/- with 9.70%
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p.a. from the defendant. The defendant inspite of obtaining loan failed
to pay the EMI forcing the plaintiff bank to file the suit. Therefore,
while decreeing the suit, costs is necessary to be saddled on defendant.
In the result, I proceed to pass following order.
ORDER
1. The Summary Suit No.578 of 2020 is decreed with costs.
2. The defendant is directed to pay to plaintiff bank an amount of
Rs.2,47,450/- (Rs.Two Lakh Forty-Seven Thousand Four Hundred
and Fifty only) with 9.70% p.a from the date of the filing of the suit
till its realization.
3. The decree be drawn up accordingly.
4. The Court fees be refunded as per rules.
5. R & P be sent to Record Department.
( N. B. Lavte )
Judge, (C.R.No.83)
Dt.:24.12.2025 City Civil Court, Mazgaon,
MUMBAI MUMBAI
Dictated on : 24.12.2025
Transcribed on : 24.12.2025
checked on : 24.12.2025
Signed on : 24.09.2025 (N. B. Lavte)
Judge, (C.R.No.83)
City Civil Court, Mazgaon,
MUMBAI.
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.01.2026. at 05.45 p.m.
UPLOAD DATE AND TIME
(MANISHA SRINATH)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Shri. N. B. Lavte
(COURT ROOM NO.83)
Date of pronouncement of
judgment/order
24.12.2025.
Judgment/order signed by P.O. on 24.12.2025.
Judgment/order uploaded on 06.01.2026.
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