Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010131822019 Presented on 16/12/2019
Registered on 18/06/2021
Decided on 05/04/2025
Duration 05Y: 03M: 20D
Exhibit 25
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 460 OF 2021
UBI ( e-Corpn) ]
Corporation Bank, ]
A body corporate constituted by and under ]
the provisions of the the Banking Companies ]
(Acquisitions & Transfer of Understanding) ]
Act, 1980 having its head office at Mangalore ]
and also at Veena Chamber 21, Dalal Street ]
Fort, Mumbai, Maharashtra 400 001 ]
Through the Manager, Fort Branch. ]... Plaintiff
V/s. ]
1. Sri Mangesh Kashiram Dhadve, ]
C-104, Deep Anjali CHS ]
Near Adiraj Bldg. Nilegaon ]
Nalasopara West, Thane 401203 ]
Maharashtra ]
2. M/s. Premier Ltd., ]
58, Nariman Bhavan, 5th Floor, ](Withdrawn as per order
Nariman Point Mumbai 400 021 ] dated 04/10/2023 below
also at ] Exh. 7)
Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
-- 1 of 10 --
2 SUM SU NO. 460/2021
Appearance:-
Ld. Advocate Akanksha Shukla h/f. Adv. Maya Majumdar for the
plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 05/04/2025
JUDGMENT
(Dictated and pronounced in open Court)
01. This is the suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (C.P.C.) for recovery of an amount of
Rs. 2,83,667/- from defendants.
02. The suit against defendant No. 2 is withdrawn in view of
Order 2, Rule 2 of C.P.C. as per order dated 04/10/2023 passed on
application at Exh. 7.
Brief facts of plaintiff’s case may be summarized as under :-
03. The plaintiff bank is a body corporate constituted under the
Banking Companies (Acquisition and Transfer of Understanding) Act,
1980 having its office at address mentioned in title cause. Defendant
No. 1 is an individual and a borrower of loan and defendant No. 2 was
guarantor to said loan. Defendant No. 1 had approached to the plaintiff
and applied on 20/03/2014 for vehicle loan of Rs. 7,00,844/- to
purchase new Premier Rio, GLX (Petrol BS IV) car. Plaintiff bank after
scrutinizing the said documents advanced loan of Rs. 6,30,000/- to
defendant No. 1. The plaintiff bank sanctioned said loan vide sanction
letter at the rate of 10.65% p.a. as per terms and conditions set out
therein. Defendant No.1 executed Agreement for term loan dated
-- 2 of 10 --
3 SUM SU NO. 460/2021
22/03/2014, Hypothecation Agreement dated 22/03/2014, letter of
Undertaking/Declaration dated 22/03/2014, Delivery Receipt dated
22/03/2014 and defendant No. 2 had executed Guarantee Agreement
dated 22/03/2014. The plaintiff bank opened loan account bearing
No. CVEHI/01/140031 (New Account No.560761000819727) and an
amount of Rs. 6,30,000/- was directly paid to defendant No. 2 as per
direction of defendant No. 1.
04. According to the plaintiff, the defendants had agreed terms
and conditions of agreement. However, defendants failed and neglected
to pay monthly installments of loan and last payment made by
defendant No. 1 on 30/03/2019. Therefore, loan account declared as
N.P.A. w.e.f. 22/04/2019. As defendant No. 1 failed to repay said loan
account, plaintiff bank issued a letter dated 04/11/2019, and called
upon to pay outstanding amount of Rs. 2,83,667/- as on 22/10/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 18/11/2019 to defendant No. 1 and
notice dated 25/11/2019 to defendant No. 2 respectively and called
upon to make payment of outstanding amount. The notice dated
18/11/2019 was served on 27/11/2019 by hand delivery to defendant
No. 2. Further, defendant No. 2 replied to said notice on 25/11/2019
and acknowledged and admitted liability to make full repayment.
Plaintiff replied to defendant No.2's notice on 05/12/2019 and
informed notice cannot be withdrawn against defendant No. 1. The
defendants failed to repay outstanding amount. Therefore, plaintiff
bank has filed the present suit and prayed to decree the suit
accordingly. Hence, this suit.
05. The defendants were served with the writ of summons on
20/04/2023 however, they have not caused their appearance and
-- 3 of 10 --
4 SUM SU NO. 460/2021
therefore, the suit proceeded ex-parte against defendant No. 1 by the
order dated 04/10/2023.
06. In support of claim, the plaintiff filed its affidavit of claim
of Jitendra Singh Rawat, Senior Manager of plaintiff bank as P.W.1 at
Exh. 9, and reiterated his contention of recovery of Rs. 2,83,667/-. The
plaintiff has filed and relied upon the following documents vide Exh.10.
Plaintiff bank closed their evidence vide pursis Exh. 24.
Sr.
No. Exhibit No. Particulars
1 Exh. 11 Original copy of loan application dated
11/03/2014.
2 Exh. 12 Credit Sanction Intimation dated 20/03/2014.
3 Exh. 13 Original copy of agreement for terms loan dated
22/03/2014.
4 Exh. 14 Original copy of Hypothecation of vehicle dated
22/03/2014.
5 Exh. 15 Original copy of undertaking/declaration dated
22/03/2014.
6 Exh. 16 Original Delivery Receipt dated 22/03/2014.
7 Exh. 17 Office copy of letter dated 04/11/2019 written by
plaintiff bank to defendant.
8 Exh.18 Office copy of legal notice dated 06/12/2019
issued by plaintiff bank to defendant No. 1.
9 Exh.19 Office copy of legal notice dated 09/12/2019
issued by plaintiff bank to defendant No. 2.
10 Exh.20 Verified copy of reply dated 28/11/2019 by
defendant No. 2 to plaintiff bank.
11 Exh.21 Verified copy of reply dated 05/12/2019 by
plaintiff bank to defendant No. 2's reply dated
28/11/2019.
-- 4 of 10 --
5 SUM SU NO. 460/2021
12 Exh.22 colly. Statement of accounts and NPA statement
supported by certificate u/s. 65B of The Indian
Evidence Act
13 Exh.23 Original acknowledgment of debt by defendant.
07. To decide the present suit, following points arise for my
determination to which my findings are recorded against each of them
for the reasons given below :-
Sr.
No.
Points Findings
1. Whether the plaintiff bank is
entitled to recover an amount of
Rs. 2,83,667/- from defendants ?
If yes, at what rate of interest ?
Yes, the plaintiff bank is
entitled to interest at the rate
of 7% p.a. on Rs. 2,59,280/-
from 16/12/2019, the date
of filing of suit till its full
realization from defendant
No. 1 only.
2. What order and decree? As per final order.
R E A S O N S
AS TO POINTS NO. 1 AND 2 :-
08. Perused plaint, oral and documentary evidence on record.
Heard Ld. counsel for plaintiff. Further, plaintiff bank has filed evidence
on affidavit of Jitendra Singh Ravat P.W.1 who has reiterated contents in
the plaint. As per the plaintiff, defendant No. 1 applied for vehicle loan
on 11/03/2014 vide Exh. 11 and requested for an amount of
Rs. 7,00,844/- to purchase vehicle. However, plaintiff bank has
sanctioned an amount of Rs. 6,30,000/- vide Sanction Letter Exh. 12 to
purchase vehicle i.e. Premier Rio plus GLX from M/s. Premium Limited.
-- 5 of 10 --
6 SUM SU NO. 460/2021
Defendant No. 1 has executed on 22/03/2014 loan agreement at
Exh. 13, Hypothecation agreement at Exh. 14, letter of undertaking at
Exh. 15 and original delivery receipt at Exh. 16. Defendant No.2 stood
as a Guarantor and executed agreement of Guarantee Deed. Thereafter,
plaintiff bank disbursed an amount of Rs. 6,30,000/- to M/s. Premium
Limited.
09. It is the contention of plaintiff that defendant No. 1 made
part payment and lastly he paid an amount on 30/03/2019. Thereafter,
defendant No. 1 failed to repay the loan along with interest. Therefore,
account was declared as N.P.A. Plaintiff has filed documents at Exh. 13
to 16 on record to substantiate its contention. On perusing said
document, it appears that defendant No. 1 has borrowed an amount of
Rs. 6,30,000/- from plaintiff bank. Defendant No. 1 had agreed to repay
it in 84 installments of Rs. 10,672/- p.m. with interest at the rate of
10.65% p.a. Further, as defendant No. 1 failed to repay the amount
therefore, plaintiff bank issued letter dated 04/11/2019 at Exh. 17 to
defendant No. 1 and called upon him to make the payment. However,
defendant No. 1 failed to make the payment. Therefore, plaintiff bank
issued legal notice dated 06/12/2019 at Exh. 18 to defendant No. 1 and
legal notice dated 09/12/2019 at Exh. 19 to defendant No. 2 and called
upon him to make the payment. Defendant No. 2 has replied on
28/11/2019 vide Exh. 20. On perusing said reply, it appears that
defendant No. 2 had admitted the liability. Further, plaintiff filed reply
dated 05/12/2019 at Exh. 21 to the reply of defendant No. 2's reply and
denied adverse contentions. It is pertinent to note that though plaintiff
bank issued notice to the defendants they failed and neglected to repay
outstanding amount along with interest.
-- 6 of 10 --
7 SUM SU NO. 460/2021
10. As per the plaintiff an amount of Rs. 2,83,667/- is due
against defendant No. 1 as on 22/10/2019. Plaintiff bank has filed Bank
Statement and N.P.A. statement at Exh. 22 colly. along with certificate
u/s. 65B of Indian Evidence Act. On perusing said statement, it appears
that amount of Rs. 2,83,667/- is due against defendant No. 1 as on
22/10/2019. Further, it appears that defendant No.1 has made last
payment on 30/03/2019. Further, defendant No.1 has admitted liability
of Rs. 2,43,676/- as on 21/08/2019 vide acknowledgment dated
21/08/2019 at Exh. 23. It is pertinent to note that defendant No. 1 has
not appeared and contested the evidence of plaintiff bank. Therefore,
the evidence of plaintiff bank has remained unchallenged. Therefore, I
am of the view that plaintiff bank has proved that defendant No. 1 had
borrowed loan of Rs. 6,30,000/- and made part payment. Further, an
amount of Rs. 2,83,667/- along with interest is due against defendant
No.1. Further, plaintiff bank has proved that defendant No. 1 has agreed
to pay interest at the rate of 10.65 % p.a. on said loan. Thus, the
plaintiff bank has proved that defendant No.1 is liable to pay an amount
of Rs. 2,83,667/- along with interest. The suit against defendant No. 2
is withdrawn vide order dated 04/10/2023.
11. So far as further interest is concerned, plaintiff bank has
not claimed further rate of interest however, it is prayed that plaintiff is
entitled for interest and penalty from the date of filing the suit till its
realization. Therefore, I am of the view that in view of Section 34 of
C.P.C. it would be just and proper to grant interest at the rare of 7% p.a
on principal amount of Rs. 2,59,280/- from 16/12/2019 i.e. the date of
filing of the suit till its realization. Hence, I answer point No. 1 in
affirmative and in the result, in answer to point No. 2, I proceed to pass
-- 7 of 10 --
8 SUM SU NO. 460/2021
following order.
O R D E R
1) Summary Suit No. 460 of 2021 is hereby decreed with the
costs.
2) Defendant No. 1 shall pay an amount of Rs. 2,83,667/- (Rupees
Two Lakhs Eighty Three Thousand Six Hundred Sixty Seven only)
to the plaintiff bank.
3) The defendant No. 1 shall pay to the plaintiff simple interest on
Rs.2,59,280/- at the rate of 7% p.a. from 16/12/2019, the
date of filing of suit till its full realization.
4) The plaintiff may be entitled to get refund the court fees paid, if
provided for in Rules.
5) The decree be drawn up accordingly.
(Sangram S. Shinde)
Adhoc Judge,
City Civil Court Mazgaon, Mumbai
Court Room No.81
Date: 05/04/2025
Dictated on: 05/04/2025
Corrected & signed on: 07/04/2025
-- 8 of 10 --
9 SUM SU NO. 460/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09/04/2025 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri S. S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER 05/04/2025
JUDGMENT/ORDER signed by P. O. on 07/04/2025
JUDGMENT/ORDER uploaded on 09/04/2025
-- 9 of 10 --
10 SUM SU NO. 460/2021
-- 10 of 10 --