Final Order 1

Order Details: Copy of Judgment
Pdf Text: Com.Sum.Suit. No.168/2021 1 Judgment
MHCC040072752021
Presented on : 30102021
Registered on : 29122021
Decided on : 27062023
Duration : 1Y7M28D
Exh.20
BOMBAY CITY CIVIL COURT, BORIVALI DIVISION AT
DINDOSHI,GOREGAON, MUMBAI
COMMERCIAL SUMMARY SUIT NO. 168 OF 2021
(CNR No.:MHCC040072752021)
Canara Bank
A Body corporate constituted under the Banking
Companies (Acquisition & Transfer of Undertakings)
Act V of 1970 having its Head Office at 112, J. C.
Road, Banglore 560 002 and Branch amongst other
placed at Ground Floor, Near Panchsheel Arcade, 90
Ft. Road, Mahavir Nagar, Kandivali (West), Mumbai
– 400 067. Represented by its Officer Mrs. Vaishali
D. Masurkar.
]
]
]
]
]
]
]
]
] … Plaintiff
Vs.
1) M/s. Sai Swaroop Tours & Travels
2) Mr. Sanjay B. Devle
Proprietor of M/s. Sai Swaroop Tours & Travels,
having address at 16, Rukmani Niwas,Azad Road,
Sant Eknath Marg, Amrut Nagar, L.B.S. Marg,
Ghatkopar (West), Mumbai – 400 086.
]
]
]
]
]
] … Defendants
Plaintiff : Ld. Advocate Neelam Mehta.
Defendants : Exparte
CORAM : H.H.JUDGE SHILPA S.TODKAR
(C.R.NO.03)
Date : 27th June, 2023.
-- 1 of 8 --
Com.Sum.Suit. No.168/2021 2 Judgment
:: JUDGMENT ::
This is suit for recovery of an amount of Rs.8,92,922/
(Rupees Eight Lakhs Ninety Two Thousand Nine Hundred And Twenty
Two Only) against defendants alongwith further interest @ 10.45% p.a.
with monthly rest from the date of filing of the suit till realization of the
entire amount.
2. Plaintiff's case in brief is as under :
The Plaintiff is a body corporate constituted under the
Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970
The Defendant No.1 is Principal Borrower of which defendant No.2 is
Sole Proprietor of Defendant No.1 who availed MSME Mudra Loan of
Rs.9,60,000/ for purchase of Vehicle i.e. Sunny XLD having Car
No.MH02 CR6191, Engine No. KSKE424E046852, Chasis
No.MDHBDAM17FB303128 on terms and conditions as mentioned in
Sanction Letter dated 30.09.2015.
3. The said loan was repayable in 60 Equated monthly
installment of Rs.20,610/ with effect from two months after
disbursement. The Defendants have executed necessary security
documents. The defendants also signed Acknowledgement of Debt and
Security dated 15.09.2018 confirming the liability.
4. The defendants initially made certain part payment but
ultimately did not maintain the account regularly and as such the
account was declared NPA on 30.08.2017.
5. Inspite of repeated demands made by the plaintiffs, the
defendants failed and neglected to make payment thereof. The plaintiff
-- 2 of 8 --
Com.Sum.Suit. No.168/2021 3 Judgment
ultimately sent Advocate Notice dated 18.07.2019 and called upon
defendants to pay to the plaintiff their liability together with further
interest as mentioned in the Notice.
6. In the circumstances a sum of Rs.8,92,922/ being
outstanding amount as on 30.06.2019 alongwtih further interest
@ 10.45% p.a. till payment or realization is now due and payable by
the defendant to the plaintiff Bank. Hence this suit.
7. Summons served upon defendants vide affidavit of service
vide Exh.7. Despite of service of writ of Summons, defendants did not
appear. Therefore, suit proceeded Exparte against defendants on
04.03.2023.
8. Heard learned advocate on behalf of plaintiff Bank.
9. Considering the oral and documentary evidence on record,
following points arose for my determination and I have given findings,
for those points followed by reasons as under :
Sr.No. POINTS FINDINGS
1. Does the plaintiff Bank prove that they
have sanctioned and disbursed vehicle
loan amount of Rs.9,60,000/ to
defendants?
In the affirmative
2. Does the plaintiff Bank prove that an
amount of Rs.8,92,922/ is due against
defendants as alleged?
In the affirmative
3. Whether the plaintiff Bank is entitled for
the recovery of the said amount of
Rs.8,92,922/ alongwith further interest
@ 10.45% p.a. from defendants?
In the affirmative
-- 3 of 8 --
Com.Sum.Suit. No.168/2021 4 Judgment
Sr.No. POINTS FINDINGS
4. What order? Suit is decreed with
costs.
R E A S O N S
AS TO POINT NOS. 1 TO 3
10. All the points are interlinked and thus their discussion is
clubed together. In order to establish its claim, plaintiff Bank has
examined their Manager Smt. Rakhi Bhuvan Kumari as PW1 by way of
affidavit in lieu of examination in chief below Exh.8 The plaintiff Bank
has placed on record the following documents which are as under;
1. Exh.10 Sanction Letter date 30/09/2015.
2. Exh.11 Deed of Hypothecation Re:Vehicles dated 30/09/2015.
3. Exh.12 Letter of Undertaking re:Loans/ Advocate dated
30/09/2015.
4. Exh.13 Particulars of Vehicles/ Machinery/ Equipment/
Livestock etc. hypotheticated dated 30/09/2015.
5. Exh.14 Acknowledgement of Debt and Security dated
15/09/2018.
6. Exh.15 Plaintiffs Advocate Notice dated 18/07/2019.
7. Exh.16 Defendants Statement of Account alongwith IT
Certificate.
8. Exh.17 Authority Letter of Bank Manager dated 20/02/2023.
11. To prove its claim, PW1 Smt. Rakhi Bhuvan Kumari has
deposed that, the Defendant No.1 is Principal Borrower of which
defendant No.2 is Sole Proprietor of Defendant No.1 who availed MSME
Mudra Loan of Rs.9,60,000/ for purchase of Vehicle i.e. Sunny XLD
having Car No. MH 02 CR 6191, Engine No. KSKE424E046852, Chasis
-- 4 of 8 --
Com.Sum.Suit. No.168/2021 5 Judgment
No.MDHBDAM17FB303128 on terms and conditions as mentioned in
Sanction Letter dated 30.09.2015 vide Exh.10.
12. PW1 further stated that, the said loan was repayable in 60
Equated monthly installment of Rs.20,610/ with effect from two
months after disbursement. The Defendants have executed necessary
security documents vide Exh.11 to 13. The defendants also signed
Acknowledgement of Debt and Security dated 15.09.2018 vide Exh.14
confirming the liability.
13. PW1 further stated that, the defendants initially made
certain part payment but ultimately did not maintain the account
regularly and as such the account was declared NPA on 30.08.2017.
14. PW1 further stated that, inspite of repeated demands
made by the plaintiffs, the defendants failed and neglected to make
payment thereof. The plaintiff ultimately sent Advocate Notice dated
18.07.2019 vide Exh.15 and called upon defendants to pay to the
plaintiff their liability together with further interest as mentioned in the
Notice.
15. It is come in the evidence of PW1 that, defendants failed to
repay the said car loan and amount of Rs.8,92,922/ was/is outstanding
against defendants. From the statement of accounts Exh.16, it reveals
that, arrears of loan amount of Rs.8,92,922/ till 30.06.2019 including
unclaimed interest as on was/is outstanding against defendants.
16. The evidence of plaintiff Bank supported with documentary
evidence on record discloses that, the plaintiff Bank sanctioned and
-- 5 of 8 --
Com.Sum.Suit. No.168/2021 6 Judgment
disbursed vehicle loan of Rs.9,60,000/ to the defendants. But,
defendants failed to repay the remaining installment alongwith interest
thereon. So Defendants are liable to repay the said loan amount. Thus,
an amount of Rs.8,92,922/ alongwith further interest @ 10.45% p.a. is
due and payable against defendants.
17. Plaintiff has filed NonStarter Report dated 22.01.2020 for
PreInstitution Mediation. Suit is within limitation. Thus, unchallenged
testimony of PW1 coupled with documentary evidence, plaintiff Bank
proved that an amount of Rs.8,92,922/ is outstanding against
defendants. Therefore, defendant No.1 and 2 are jointly and severally
are liable to repay an amount of Rs.8,92,922/ to plaintiff Bank
alongwith further interest @ 10.45% p.a. from the date of filing of suit
till realization of entire outstanding amount.
18. In the result, I pass the following order;
ORDER
1. Suit is decreed with costs.
2. Defendant No.1 and 2 jointly and severally do pay to the
plaintiff Bank a sum of Rs.8,92,922/(Rupees Eight Lakhs Ninety
Two Thousand Nine Hundred And Twenty Two Only) alongwith
further interest @ 10.45% p.a. from the date of filing of the suit
till the realization of the entire amount within three (3) months
from the date of this Order.
3. Defendant No.1 and 2 jointly and severally do pay to the
plaintiff Costs of Rs.5,000/ (Rupees Five Thousand Only) within
three (3) months from the date of this Order.
-- 6 of 8 --
Com.Sum.Suit. No.168/2021 7 Judgment
4. Decree be drawn up accordingly.
5. Court fee, if any, be refunded/recovered as per rules.
(Shilpa S.Todkar)
Judge, City Civil Court,
Date : 27.06.2023 Borivali Division, Dindoshi, Mumbai.
Date of direct dictated on Computer : 27.06.2023
Corrected on : 30.06.2023
Signed on : 30.06.2023
-- 7 of 8 --
Com.Sum.Suit. No.168/2021 8 Judgment
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
Date : 27.06.2023 B. S. Pandit
Time : 05.15 P.M. (Stenographer GradeI)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court room
no.)
HHJ Smt. Shilpa S. Todkar
(C.R.No.03)
Date of Pronouncement of
JUDGMENT/ORDER
27.06.2023
JUDGMENT/ORDER signed by P.O. on 30.06.2023
JUDGEMENT/ORDER uploaded on 30.06.2023
-- 8 of 8 --