Professional Documents
Culture Documents
Presented on 04.10.2010
Registered on 13.12.2010
Decided on 04.03.2019
08 05
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
S.C. SUIT NO. 4813 OF 2010
IN
(HIGH COURT SUIT NO. 3167 OF 2010)
(CNR NO.MHCC010052402010)
Exh.
State Bank of India )
A Body Corporate constituted under )
The State Bank of India Act, 1955, )
Having its Local Head Office at State Bank )
Bhavan, "Synergy", C6, G Block, Bandra )
Kurla Complex, Bandra (East), Mumbai 51)
and having various branches amongst other)
places, a branch at State Bank of India, )
Safed Pul Branch, Kurla, Mumbai 60. ) ...Plaintiffs
Versus
1. Sudhir Nandkumar Pathare )
Proprietor of M/s. Padmavati Transport, )
28, 2 Yeshwant, A.K. Patil Road, Pannalal )
Ghosla Marg, Malad (W), Mumbai 64. )
2. Aishwarya Ulhas Marathe )
th
House No.502, 5 Floor, Annaji Paril Road,)
Liberty Garden Road No.3, Malad (W), )
Mumbai 400 064. ) ...Defendants
Suit 4813-10 HC 3167-10 2
CORAM : HER HONOUR JUDGE
SMT. PUSHPA N. RAO
AD HOC ASSTT. JUDGE
(C.R.NO. 32)
DATE : 04th March, 2019.
Shri. Shashikant Gaikwad, Advocate for Plaintiffs.
Defendant Nos. 1 and 2 Exparte.
: JUDGMENT :
2. Facts in short are as under :
Defendant No.1 is carrying on business under the name
M/s.Padmavati Transport as a sole proprietor thereof. On 28.05.2007
defendant no.1 applied to the plaintiff bank for financial assistance of
Rs.2 Lakhs under the cash credit facility. Defendant no.1 also furnished
copies of necessary documents evidencing his place of residence,
income, details of his occupation. On the request of defendant no.1,
plaintiff bank sanctioned cash credit facility of Rs.2 Lakhs. In view to
secure repayment defendant no.1 executed agreement of loan cum
hypothecation in favour of the plaintiff bank. Defendant no.2 is stood
as a guarantor for repayment of cash credit facility and executed
guarantee agreement in favour of the plaintiff bank on 25.06.2007.
Defendant no.1 availed the said cash credit facility but failed and
neglected to operate the same in accordance with the agreed terms and
conditions. Defendants also executed revival letter in favour of plaintiff
bank on 05.05.2010 and thereby admitted liability. Despite the demand
of the plaintiff bank defendant failed to comply. Hence, finally issued
legal notice on 20.07.2010 thereby called upon the defendant to pay
Suit 4813-10 HC 3167-10 3
the amount of Rs.2,19,212/ with interest. Inspite of notice defendant
failed to comply. Hence, plaintiff bank is constrained to file the present
suit against defendants.
3. Plaintiff prays that suit is to be decreed with cost.
4. Inspite of service on defendants nos.1 and 2, they failed to
appear before court, hence, suit proceeded exparte against them.
5. Considering the averment in the plaint, following points are
arise my for determination and I recorded my findings as per the
reasons given below :
R E A S O N S
AS TO POINT NOS. 1 TO 3 :
7. Plaintiff bank has tendered the evidence of Shri. Deepak
Zore (Exh.2). The original documents placed on record are exhibited
on the basis of affidavit of evidence of P.W. 1 Shri. Deepak Zore.
Application for cash credit facility is at Exh.5, Sanction Letter is at
Exh.6, Supplemental Agreement of Loan cum Hypothecation is at
Exh.7, Deed of Guarantee is at Exh.8, Revival Letter is at Exh.9,
Statement of Account along with certificate is at Exh.10 (Colly).
8. The oral as well as documentary evidence placed on record
are not challenged by the defendants. By producing the original
documents plaintiff bank has proved that defendant no.1 had availed
the cash credit facility of Rs.2 Lakhs. Inspite of demand notice
defendant failed to comply the said notice. The suit is of year 2010.
Plaintiff tendered affidavit of evidence in the year 2003. The loan was
availed by the defendant no.1 for the commercial purpose. Therefore,
plaintiff bank is entitled to recover the amount of Rs.2,56,196.29/ with
interest @ 6% p.a. on Rs.2 Lakhs from the date of suit.
Ninety Six and Paise Twenty Nine Only) with interest @ 6% p.a. on the
principal sum of Rs.2,00,000/ (Rupees Two Lakhs Only) from the date
of suit till entire realization.
3. The Defendant Nos. 1 and 2 are jointly and severally liable to pay
the decretal amount to the plaintiff.
4. Decree be drawn up accordingly.
Date : 04.03.2019. (Pushpa N. Rao)
Ad Hoc Asstt. Judge
Bombay City Civil Court
Greater Mumbai.
Dictated direct typed on computer on : 04.03.2019.
Signed by HHJ on : 04.03.2019.
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 05.03.2019 at 11.05 a.m.
NAME OF THE STENOGRAPHER : P.P.Parab
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Judgment/Order signed by P.O. on 04.03.2019
Judgment/Order uploaded on 05.03.2019