Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010132342019 Presented on 17/12/2019
Registered on 12/03/2021
Decided on 08/10/2025
Duration 05Y: 09M: 22D
Exhibit 22
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 298 OF 2021
UBI ( e-Corpn) ]
Corporation Bank ]
A body corporate constituted by and under ]
the provisions of the the Banking Companies ]
(Acquisitions & Transfer of Undertaking) ]
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. Shri Vishal Himmat Khot ]
Khot Galli, Ludewadi ]
H. No. 85, Devwadi Sangli, Shirala ]
Maharashtra -415408. ]
2. M/s. Premier Ltd. ]
58, Nariman Bhavan, 5th Floor, ]
Nariman Point, Mumbai-400 021 ]
also at ]
Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
Appearance:-
Ld. Advocate Maya Majumdar for the plaintiff.
Defendants absent (Ex-parte).
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CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 08/10/2025
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.), by the plaintiff Bank for recovery of an
amount of Rs. 2,78,355/- from defendant No.1.
02. The suit against defendant No.2 is withdrawn in view of
Order II, Rule 2 of C.P.C. as per order dated 04/10/2023 passed on
application at Exh. 3.
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 Undertaking) Act,
1970 having its office at address mentioned in title cause. The Manager
of plaintiff bank has instituted suit. 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
27/03/2014 for vehicle loan of Rs. 6,91,623/- to purchase new Premier
Rio + GLX (Petrol BS IV) car. Plaintiff bank after scrutinizing the said
documents advanced loan of Rs. 6,22,000/- to defendant No. 1. The
plaintiff bank sanctioned said loan vide sanction letter dated
24/03/2014 at the rate of 10.65% p.a. as per terms and conditions set
out therein. Defendant No. 1 executed Agreement for term loan and
Agreement for Hypothecation of vehicle on 27/03/2014. Further,
Guarantee Agreement was executed on 22/03/2014, letter of
Undertaking/Declaration, Delivery Receipt dated 22/03/2014. The
plaintiff bank opened loan account bearing No. CVEHI/01/140063
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(New Account No.560761000820032) and an amount of
Rs. 6,22,000/- 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. 25/04/2019. As defendant No. 1 failed to repay said loan
account, plaintiff bank issued a letter dated 01/11/2019, and called
upon to pay outstanding amount of Rs. 2,78,355/- as on 28/10/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 18/11/2019 and 25/11/2019 to
defendant No. 1 and to defendant No. 2 respectively and called upon to
make payment of outstanding amount. The notice dated 25/11/2019
was served on 27/11/2019 by hand delivery to defendant No. 2.
Defendant No.2 replied to said notice on 28/11/2019 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.
05. The defendants were served with the writ of summons in
the month of August, 2021 however, they have not caused their
appearance and therefore, the suit proceeded ex-parte against them by
the order dated 22/09/2022.
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
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Exh. 5, and reiterated his contention of recovery of Rs. 2,78,355/-. The
plaintiff has filed and relied upon the following documents. Plaintiff
bank closed their evidence vide pursis Exh. 21.
Sr.
No. Exhibit No. Particulars
1 Exh. 7 Loan application
2 Exh. 8 Credit Sanction Intimation
3 Exh. 9 Original agreement for term loan.
4 Exh. 10 Original agreement for Hypothecation
5 Exh. 11 Original Letter of undertaking/declaration
6 Exh. 12 Original Delivery Receipt
7 Exh. 13 Office copy of letter
8 Exh.14 Office copy of legal notice dated 18/11/2019
9 Exh.15 Office copy of legal notice dated 25/11/2019
10 Exh.16 Verified copy of reply dated 28/11/2019
11 Exh.17 Verified copy of reply dated 05/12/2019
12 Exh.18 colly. Statement of accounts and NPA statement
supported by certificate u/s. 65B of The Indian
Evidence Act
13 Exh.19 Original acknowledgment of defendant.
14 Exh.20 Office copy of Auction Notice dated
30/12/2019 sent to borrower
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 :-
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Sr.
No.
Points Findings
1. Whether the plaintiff bank is
entitled to recover an amount of
Rs. 2,78,355/- from defendant
No.1? If yes, at what rate of
interest ?
Yes, the plaintiff bank is entitled
to interest @ 7% p.a. on Rs.
2,78,355/- from 17/12/2019,
the date of filing of suit till its full
realization.
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 leaned counsel for the plaintiff bank. Mr. Jitendra Rawat P.W.1,
Senior Manager of plaintiff bank has reiterated contents in plaint.
Further, defendant No.1 had approached plaintiff bank and made
application dated 20/03/2014 for vehicle at Exh. 7 to purchase new
Premier Rio + GLX (Petrol BS IV) car. Plaintiff bank sanctioned loan
vide Exh. 8 on 24/03/2014. Defendant No.1 has executed Agreement
for term loan dated 27/03/2014 at Exh.9, Hypothecation Agreement
dated 27/03/2014 at Exh.10, Letter of Undertaking/Declaration at
Exh.11 and Delivery Receipt dated 27/03/2014 at Exh.12. On perusing
these documents, it appears that defendant No. 1 had applied for
vehicle loan which was sanctioned and same is paid to defendant No. 2.
09. As, defendant No.1 failed to repay outstanding balance
amount therefore, plaintiff bank had issued letter to defendant No.1 on
01/11/2019 at Exh.13 and called upon to repay the outstanding
amount. Defendant No.1 failed to repay outstanding amount therefore,
plaintiff bank issued legal notice dated 18/11/2019 at Exh. 14 and
called upon to pay outstanding amount. Further, plaintiff bank has filed
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copy of statement of accounts at Exh.18 colly. along with NPA statement
supported by certificate to show that an amount of Rs. 2,78,355/- is due
against defendant No. 1 as on 28/10/2019. On perusing said statement,
it appears that an amount of Rs. 2,78,355/- is balance and due against
defendant No. 1. Further, on perusing record, it appears that plaintiff
had issued notice dated 25/11/2019 at Exh.15 to defendant No.2 and
called upon to make the payment. Defendant No.2 has replied on
28/11/2019 at Exh.16 to notice dated 25/11/2019, wherein defendant
No.2 has admitted liability to pay outstanding amount of its employees.
Further, defendant No.2 called upon plaintiff to withdraw notice issued
to defendant No.1. Plaintiff vide reply dated 05/12/2019 at Exh.17
given to reply of defendant No.2 at Exh.16 has refused to withdraw
notice issued to defendant No.1. Thus, as per oral and documentary
evidence adduced by the plaintiff bank that it is proved that defendant
No.1 had borrowed vehicle loan and failed to repay outstanding
amount. Further, as defendant No. 1 has failed to appear and cross
examine the evidence of the plaintiff bank has remained unchallenged.
10. Thus, as discussed above statement of account shows that
loan amount Rs. 2,78,355/- was outstanding as on 28/10/2019. Hence,
I hold that on the basis of oral and documentary evidence of plaintiff
bank, it is proved that plaintiff bank is entitled to recover an amount of
Rs. 2,78,355/- from defendant No. 1, as he failed to repay said amount.
So far as interest on the said amount is concerned, the plaintiff bank has
not claimed interest on the said amount. Plaintiff bank has sanctioned
loan on 24/03/2014. Further, on perusing statement of account at
Exh.18 colly., it appears that plaintiff has made last payment of
installment on 30/03/2019. The suit is filed on 17/12/2019. Therefore,
suit is within limitation. Thus, plaintiff has proved that it is entitled for
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an amount of Rs. 2,78,355/- from defendant No.1 along with interest.
Hence, I answer point No. 1 in affirmative and in the result, in answer
to point No. 2, I proceed to pass following order.
O R D E R
1) Summary Suit No. 298 of 2021 is hereby decreed with the
costs.
2) Defendant No.1 shall pay an amount of Rs. 2,78,355/- (Rupees
Two Lakhs Seventy Eight Thousand Three Hundred and Fifty Five
only) to the plaintiff bank within 60 days from the date of order.
3) If, defendant No. 1 fails to pay above amount within 60 days, he
shall pay to the plaintiff bank simple interest on Rs. 2,78,355/- at
the rate of 7% p.a from 17/12/2019, the date of filing of suit till
its full realization.
4) The plaintiff bank 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: 08/10/2025
Dictated on:08/10/2025
Corrected & signed on: 13/10/2025
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
13/10/2025 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 08/10/2025
JUDGMENT/ORDER signed by P. O. on 13/10/2025
JUDGMENT/ORDER uploaded on 13/10/2025
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