Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
MHCC010132392019
Presented on 17-12-2019
Registered on 06-02-2020
Decided on 13-01-2020
Duration Yrs. M. Days
03 00 28
IN THE COURT OF JUDGE, CITY CIVIL COURT
AT GREATER BOMBAY
SUMMARY SUIT NO. 169 OF 2020
EXHIBIT-21
Bank of Baroda, a body corporate
constituted under the Banking Companies
(Acquisition and Transfer of Undertaking
Act, V of 1970 having its Head Office at
Bank of Baroda Building, Hathikhana Main
Road, Bjwada, Mandvi, Vadodara, Gujarat
390006 and having one of its branch
located at Modi Chambers, Pandit Pasulskar
Chowk, Opera House, Mumbai- 400 004,
Near French Birdge, Opposite Royal Opera
House Theatre.
...Plaintiff
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SU No.169/2020
Versus
Yatin Mahendra Gopani, Room No.4,
Happy Homes, Near National School, Virat
Nagar, Virar West, Thane, Maharashtra-
401 305.
...Defendant
Appearance :
Ld. Advocate Veena Kumari for plaintiff.
Defendant -
Exparte.
CORAM : HHJ DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 13/01/2023
JUDGMENT
( Dictated and pronounced in open Court)
This is a suit filed under Rule 2 of Order XXXVII of Code of
Civil Procedure, 1908 (for short 'CPC') for recovery of principal sum of
Rs.2,73,083.87/- along with interest thereon at the rate of 12.60% p.a.
from the date of filing of suit till realization.
Plaintiff’s case in brief-
2. Plaintiff bank claims to have lent and advanced a term loan
of Rs.3,00,000/- to the defendant. Defendant had executed necessary
documents and had filed loan application dated 21.4.2017. The loan
was sanctioned and disbursed on 24.4.2017. Defendant had agreed to
re-pay the loan amount in 48 equal monthly installments of Rs. 7,989/-.
The terms of repayment including interest to be charged were agreed
upon in terms of the order of sanction dated 24.04.2017 (Exh.07).
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3. It is contended that the loan account turned NPA on
12.08.2018 owing to failure of the defendant to pay the installments.
Therefore, the notice through advocate was issued on 02.01.2019.
However, same was returned with the endorsement ‘intimation given’.
In this backdrop, plaintiff has approached with the present summary
suit.
4. Defendant was duly served. However, he failed to cause
appearance, hence suit proceeded
exparte.
5. In view of the Rule 2(3) of Order XXXVII of CPC, owing to
default on the part of the defendant to appear before this court, the
allegations in the plaint needs to be presumed to have been admitted by
the defendant.
6. Apart from the said provision, the plaintiff has also
tendered claim Affidavit (Exh.3) and has reiterated the claim. Various
documents are placed on record including a Loan Application (Exh.6).
The sanction letter dated 24.4.2017 (Exh.7), Demand Promissory Note
dated 24.4.2017 (Exh.9), Statement of loan Account (Exh.15) as well as
legal notice dated 02.01.2019(Exh.17). All these documents supports
the claim of the plaintiff.
7. From the oral as well as documentary evidence, it is clear
that the loan of Rs.3,00,000/- was sanctioned by the plaintiff’s Bank
and disbursed to the defendant. Defendant failed to repay the same as
per terms and conditions of sanction letter. The bank has also issued a
reminder notice dated 24.9.2018, requesting the defendant to clear due
amount. However, the defendant failed to respond the same and clear
the outstanding dues. The evidence adduced by plaintiff has gone
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unchallenged.
8. As such, I hold plaintiff is entitled to recover the amount
claimed in the suit. This being a banking transaction, the rate of interest
is already agreed one. Therefore, I find it just and proper to grant the
said agreed rate of interest, on the amount due i.e. Rs. 2,73,083/- from
the date of filing of the suit. Hence, the order:
ORDER
1) Summary Suit No.169 of 2020 is hereby decreed with costs.
2) Defendant do pay an amount of Rs.2,73,083/-(Rupees Two
Lakh Seventy Three Thousand Eighty Three Only) to the plaintiff
along with interest at the rate of 12.60% per annum from the
date of filing of the suit i.e. 17.12.2019 till realization of entire
amount.
3) Decree be drawn up accordingly.
4) Plaintiff is entitled for refund of Court fees, as per rules.
(Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Date- 13-01-2023 Court Room No.61
Dictated on: 13-01-2023
Transcribed on: 13-01-2023
checked on : 16-01-2023
Signed on : 17.01.2023
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17.01.2023 at 5.45p.m. Ms. K.M.Rana
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
13-1-2023
JUDGMENT/ORDER signed by P. O. on 17-01-2023
JUDGMENT/ORDER uploaded on 17-01-2023
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