Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010132892019 Presented on 12/12/2019
Registered on 11/03/2021
Decided on 17/03/2026
Duration 06Y: 3M: 07D
Exhibit 22
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
SUMMARY SUIT NO. 278 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. ]
Rep. By Shambhavi Kamath, Manager, ]
Age 58 years. (...deleted) ]
Shri Jitendra Singh Rawat, Senior Manager, ]
M.S.Marg Branch, age 31 years. ]... Plaintiff
V/s. ]
1. Shri Dhanaji Arjun Shendkar ]
Age not known, ]
Shenkarwad, Karanjepul Tq Baramati, ]
Pune 412306, Maharashtra. Also of ]
Rajwade Nagar, Co.No.2, Mane School, ]
Pacpir Chowk, Pune 411 017, Maharashtra ]
2. M/s. Premier Ltd. ]
58, Nariman Bhavan, 5th Floor, ]
Nariman Point, Mumbai-2, also at ]
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2 SUM SU NO. 278/2021
Mumbai-Pune Road, Chinchwad, ]
Pune-411019. ]...Defendants
Appearance:-
Ld. Adv. Maya Majumdar for the plaintiff.
Defendants absent (Ex-parte).
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 17/03/2026
JUDGMENT
(Dictated and pronounced in open Court)
01. This suit is suit filed under Rule 2 of Order XXXVII of Code
of Civil procedure, 1908 (C.P.C.), by the plaintiff for recovery of an
amount of Rs.2,79,132/- from the defendants. During pendency of the
suit the plaintiff substituted its authorized representative vide order
dated 15/10/2024 passed in Chamber Summons No.1362/2024.
02. The suit against defendant No.2 is withdrawn in view of
Order 2, Rule 2 of C.P.C. as per order dated 10/07/2023 passed on
application at Exh. 3.
Brief facts of plaintiff’s case may be summarized as under :-
03. As per the plaintiff, it 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. The
Manager of plaintiff bank has filed the 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 10/03/2014 for vehicle loan of Rs. 6,91,625/- 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.
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The plaintiff bank sanctioned said loan vide sanction letter dated
22/03/2014 at the rate of 10.65% p.a. as per terms and conditions set
out therein. Defendant No. 1 executed Agreement for term loan dated
25/03/2014, Hypothecation Agreement dated 25/03/2014, letter of
Undertaking/Declaration, Delivery Receipt dated 25/03/2014 and
defendants have executed Guarantee Agreement dated 22/03/2014.
The plaintiff bank opened loan account bearing No. CVEHI/01/140054
(New Account No. 560761000819948) 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 15/11/2019, and called
upon to pay outstanding amount of Rs.2,79,132/- as on 25/10/2019.
However, defendant No. 1 failed to repay the same. Therefore, plaintiff
bank issued demand notice dated 25/11/2019 to defendants 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. Further, 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. Hence, this
suit.
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05. The defendants were served with writ of summons
however, they have not caused their appearance and therefore, the suit
proceeded ex-parte against them by the order dated 20/10/2022. In
view of order dated 10/07/2023, suit proceeded only against defendant
No.1.
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.5, and reiterated his contention of recovery of Rs.2,79,132/-. The
plaintiff has filed and relied upon the following documents at Exh.6.
Plaintiff bank closed their evidence vide pursis at Exh. 20.
Sr.
No. Exhibit No. Particulars
1 Exh. 7 Original copy of loan application dated
10/03/2014.
2 Exh. 8 Credit Sanction Intimation dated 22/03/2014.
3 Exh. 9 Original copy of agreement for terms loan dated
25/03/2014.
4 Exh. 10 Original copy of Hypothecation of vehicle dated
25/03/2014.
5 Exh. 11 Original copy of undertaking/declaration dated
25/03/2014.
6 Exh. 12 Original Delivery Receipt dated 25/03/2014.
7 Exh. 13 Office copy of letter dated 15/11/2019 written by
plaintiff bank to defendant.
8 Exh.14 colly Office copy of legal notice sent by advocate for
plaintiff bank to the defendant dated 25/11/2019
along with postal receipt, A.D.Card and returned
sealed envelope.
9 Exh.15 Office copy of legal notice sent by advocate of
plaintiff bank to Premier Ltd. Dated 25/11/2019.
10 Exh.16 Copy of reply dated 28/11/2019 by defendant No.
2 to plaintiff bank.
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11 Exh.17 Verified copy of reply dated 05/12/2019.
12 Exh.18 colly. Printout of statement of accounts and NPA
statement supported by certificate u/s. 65B of The
Indian Evidence Act and Certificate u/s. 2A of the
Banker’s Books of Evidence Act, 1891.
13 Exh.19 Original acknowledgment of debt by defendant
dated 18/12/2016.
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.2,79,132/- from defendant No.1 ?
Yes, the plaintiff bank is
entitled to interest at the rate
of 7% p.a on Rs.2,79,132/-
from 12/12/2019, 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. Heard
leaned counsel for the plaintiff bank. Mr. Jitendra Rawat P.W.1, Senior
Manager of plaintiff bank has reiterated contents in the plaint. Further,
defendant No.1 had approached plaintiff bank and made application
dated 10/03/2014 for vehicle at Exh. 7 to purchase new Premier Rio,
GLX (Petrol BS IV) Car. Plaintiff bank sanctioned loan vide Exh.8 on
22/03/2014. Defendant No.1 has executed Agreement for term loan
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dated25/03/2014 at Exh.9, Hypothecation Agreement dated
25/03/2014 at Exh.10, letter of Undertaking/Declaration at Exh.11 and
Delivery Receipt dated 25/03/2014 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 has issued letter to defendant No.1 on
15/11/2019 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 25/11/2019 at Exh. 14 and
called upon to pay outstanding amount. Further, plaintiff bank has filed
copy of statement of accounts at Exh.18 colly. alongwith NPA statement
supported by certificate to show that an amount of Rs.2,79,132/- is due
against defendant No. 1 as on 25/10/2019. On perusing said statement,
it appears that an amount of Rs.2,79,132/- is balance and due against
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. The plaintiff has contended that as on 25/10/2019 an
amount of Rs. 2,79,132/- was due against defendant No.1. The plaintiff
has filed extract of bank statement at Exh.18 colly. On perusing said
statement, it appears that the said statement is for the period
01/04/2013 to 31/03/2014, 01/04/2014 to 31/03/2015, 01/04/2015
to 31/03/2016, 01/04/2016 to 31/03/2017, 01/04/2017 to
31/10/2017, 12/04/2020 to 13/07/2023. It is pertinent to note that
plaintiff has not filed extract of statement for the period 01/011/2017
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to 31/10/2020 along with Exh.18 colly. However, plaintiff has filed
extract of bank account for the period 01/12/2017 to 16/11/2019
along with the plaint. On perusing said extract, it appears that as on
25/10/2019 an amount of Rs.2,79,132/- appears to be due against
defendant No.1. Thus, it appears that plaintiff has proved by oral and
documentary evidence its contention. Further, defendant No.1 has not
appeared in the matter and contested it. Therefore, evidence of the
plaintiff has remained unchallenged. Further, plaintiff has not claimed
further interest on the outstanding amount. Thus, considering the facts
and circumstances of the case, I am of the view that plaintiff is entitled
for an amount of Rs.2,79,132/- from defendant No.1 only. Hence, I
answer point No. 1 in affirmative and in the result, in answer to point
No. 2, I proceed to pass the following order.
O R D E R
1) Summary Suit No. 278 of 2021 is hereby decreed with costs.
2) Defendant No.1 shall pay an amount of Rs.2,79,132/- (Rupees
Two Lakhs Seventy Nine Thousand One Hundred Thirty Two
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.2,79,132/- at
the rate of 7% per annum from 12/12/2019, 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
Date: 17/03/2026 Court Room No.81
Dictated on:17/03/2026
Corrected & signed on: 20/03/2026
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
27/03/2026 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 17/03/2026
JUDGMENT/ORDER signed by P. O. on 20/03/2026
JUDGMENT/ORDER uploaded on 27/03/2026
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