Final Order 2

Order Details: Ex-parte Judgement
Pdf Text: C.S. No.473 of 2020 -: 1 :- Ex-Parte Judgment
MHCC010137282019
Presented on : 06.06.2019
Registered on : 07.12.2020
Decided on : 09.06.2025
Duration : YY: MM: DD
06 : 00 : 03
Exhibit No.27
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY
COMMERCIAL SUIT NO. 473 of 2020
Union Bank of India,
A body corporate constituted under the Banking
Companies (Acquisition and Transfer of
Undertaking) Act, 1970, having its office at 239,
Vidhan Bhavan Marg, Nariman Point, Mumbai-
400 021.
And one of its branch Office amongst other
knows as Cotton Green Branch, Hind Jyoti
Building, Gunjal Mansiion Barristar Nath Pii
Marg, Bnear Cotton Green Railway Station,
Mumbai – 400 033. Represented by its Officer
Mr. Manojkumar Hemachandbhai Parmar. ... Plaintiff.
V/s.
1. M/s. Riddhi Tours and Travels,
(Through Proprietor Mr. Ramesh R. Gupta)
2. Mr. Ramesh Ramsahay Gupta,
Both defendantss having address at Shukla
Compound, H. P. Colony, New Bharat Nagar,
Vashi Naka, Chembur, Mumbai – 400074. ... Defendants.
CORAM: HIS HONOUR JUDGE
SHRI. A. S. KAZI
(COURT ROOM NO.14)
DATE : 09.06.2025.
-: Appearances: -
The Ld. Advocate Dhanashri Kadam for the plaintiff.
defendants Ex-parte.
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C.S. No.473 of 2020 -: 2 :- Ex-Parte Judgment
EX-PARTE JUDGMENT
1) The plaintiff Bank has filed the present suit against the
defendants for recovery of sum of Rs.4,54,193/- in term loan account as
on 31.05.2019 with interest charged up to 31.05.2019 together with
further interest @ 10.65 % with monthly rest from 01.06.2019 and
thereeafter, further interest at the same rate from the date of judgment
till its full realization.
2) The plaintiff is a body corporate, constituted under the
Banking Companies (Acquisition and Transfer of Undertaking) Act,
1970.
3) It is seen from the Service Affidavit (Exh.8) that, the writ of
summons was duly served upon the defendants through Paper
Publication, published in daily newspaper “Business Standard” and
“Pratahkal” dated 28.06.2024. However, the defendants failed to appear
before Court. Hence, matter proceeded Ex-parte against defendants vide
order dated 30.07.2024.
4) Heard the learned Advocate for the plaintiff. Perused the
record.
5) It is submitted that, the defendants approached to the
plaintiff for a vehicle loan under Pradhan Mantra Mudra Yojana to
purchase a four wheeeler Xcent CRDI S VBSIV Car. As per application,
the plaintiff’s bank sanctioned vehicle loan of Rs.5.88 lakhs againts
hypothecation of vehicle to be purchased with rate of interest base rate
plus 1.5 % i.e. 11.15% (flaoting) p.a. with monthly rests repayable on
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C.S. No.473 of 2020 -: 3 :- Ex-Parte Judgment
60 monthly installment of Rs.12,900/- commencing from Aprial 2016,
in accordance with terms and conditions as mentioned in the Sanction
Letter dated 18.03.2016. In the consideration of the aforsaid credit
limit, to secure all amounts due and payable thereunder, the defendant
executed agreements documents for loan of Rs.5.88 Lakhs in favor of
the plaintiff and thereafter, the Plaintiff bank disbursed the same in the
account of defendants. The defendants have purchased a car CRDI plus
S ABS, by availing said term loan and registered with RTO.
6) It is further submitted that, the defendants have availed of
and utilized the said loan facility. After availing loan facility, the
defendants neglected and failed to pay monthly installments regularly
and the defendants failed to operate the said loan account as per the
terms conditions in which said facility is granted to it. Therefore, the
loan account of the defendants classified as Non-Performing Asset
(NPA) on 31.12.2017, as per prudential norms. Thereafter, the plaintiff
through its advocate, issued Legal Notice dated 22.10.2018, called upon
them to pay outstanding amount with interest. However, they failed and
neglected to pay the outstanding amount.
7) It is further submitted that, the plaintiff has filed Pre-
Institution Mediation Application dated 14.01.2019 and notice issued to
the defendants by Speed Post on 25.01.2019, but the said notices was
returned with postal endorsement as “Refused” and another final notice
issued on 19.03.2019, however, neither envlope of notices returned nor
opponents appeard before the Court. Hence, the Secretary DLSA,
Mumbai has issued Non-Starter Report dated 04.04.2019. Hence, the
suit for recovery of above said amount.
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C.S. No.473 of 2020 -: 4 :- Ex-Parte Judgment
8) It is the case of the plaintiff that, an amount of
Rs.4,54,193/- is due and payable upto 31.05.2019 from the defendants
to the plaintiff. In support of its claim, the plaintiff has examined PW-1
Manojkumar Hemchandbhai Parmar at Exh.09. The plaintiff got proved
documents through this witness filed along-with list Exh.10. The
plaitniff has also filed Original Authority Letter dated 06.07.2025
(Exh.25), whereby the witness has authorized to despose on behalf of
the plaintiff’s bank. The testimony of this wintess remained
unchallenged.
The plaintiff has also filed other documents along with List of
Documents Exh.10 such as:- Original Loan Application Form Exh.11;
Original Sanction Letter marked as Exh.12; Original Proprietorship /
Individual marked as Exh.13; Original Letter of Continuity marked as
Exh.14; Original General Term Loan Agreement marked as Exh.15;
Original Hypothecation of Vehicle Agreement marked as Exh.16;
Original Agreement rate of interest marked as Exh.17; Original Letter of
Confirmation marked as Exh.18; Original Letter of Undertaking from
the Borrower marked as Exh.19; Details of Hypothecated Vehicle
marked as Exh.20; Original Tax Invoice, Debit Notice and Receipt
(BWD) voucher marked as Exh.21 Colly; Office Copy of Legal Notice
along with Postal Receipt and returned envelopes marked as Exh.22
Collectively; Statement of Account marked as Exh.23; Certificate u/s
2A(a) to (c) of Banker’s Book of Evidence Act marked as Exh.24 and
lastly the plaintiff has filed Evidence Closing Pursis at Exh.26.
9) It is further to be seen that, the plaintiff has filed an
application for Pre-Institution Mediation on 14.01.2019, as per mandate
of Section 12-A of the Commercial Courts Act. As per section 12(3) of
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C.S. No.473 of 2020 -: 5 :- Ex-Parte Judgment
the Act, pre-occupied period required for mediation by the parties needs
to be exempted from calculating the period of limitation. Thus, the
exemption of said period is granted to the plaintiff's Bank. As per
Statement of Account (Exh.23), the defendants had made last payment
on 07.07.2018 of Rs.5,000/-, the suit is lodged on 06.06.2019, thus it is
well within limitation.
10) Upon perusal of said documents, the plaintiff duly proved its
claim against the the defendants. The testimony of plaintiff's witness
has remained unshattered. There is no challenge to the documentary
evidence produced by the plaintiff. Thus, in view of my above discussion
and considering the pleadings and evidence adduced by the plaintiff
(Exh.11 to Exh.25), which went unchallenged, the plaintiff bank duly
proved that, the the defendants are liable to pay due amount of
Rs.4,54,193/- with further interest. Considering the nature of
transaction, I am of the view that, if the defendants are directed to pay
interest at the rate of 9 % per annum on due amount from the date of
filing of the suit till its realisation, then it will sub-serve ends of the
justice. In the result, I proceed to pass the following order: -
ORDER
1. Commercial Suit No.473 of 2020 is partly decreed with Costs.
2. Defendants do pay jointly and severally an amount of Rs.4,54,193/-
together with interest at the rate of 9 % per annum from the date of
filing of suit till its full realization.
3. Decree be drawn up accordingly.
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C.S. No.473 of 2020 -: 6 :- Ex-Parte Judgment
4. Commercial Suit No.473 of 2020 stands disposed off accordingly.
(A. S. Kazi)
Judge, City Civil & Sessions Court,
Date: 09.06.2025. Mazgaon, Gr. Mumbai
(C.R. No.14)
Direct Typed On : 09.06.2025.
Signed on : 09.06.2025.
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C.S. No.473 of 2020 -: 7 :- Ex-Parte Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: 09.06.2025 NAME OF STENOGRAPHER
TIME: 03.50 p.m. Mr. Ashok Sudhakar Patil
Name of the Judge (With Court
room no.)
HHJ Shri. A. S. Kazi.
(Court Room No.14)
Date of Pronouncement of
JUDGEMENT/ORDER
09.06.2025
JUDGMENT/ORDER signed by P. O.
on
09.06.2025
JUDGEMENT/ORDER uploaded on 09.06.2025
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