IN THE COURT OF SH.

AJAY NAGAR
SENIOR CIVIL JUDGE, NORTH WEST DISTRICT, ROHINI COURTS,
DELHI

New Suit No. 129/22

CNR No: DLNW030001292022

STATE BANK OF INDIA,

a Corporation constituted under the
State Bank of India Act, 1955,
having its Central Office/ Corporate Centre
at State Bank Bhavan, Madam Cama Road,
Mumbai 440024, one of its local head office
at 11, Sansad Marg, New Delhi-01
and also having one of its Branches at SBI,
Sector 07, New Delhi, RACPC at A-5,
Pearl Best Height-1, Netaji Subhash Palace,
New Delhi -110034.
Through its Manager
Sh. Deepak Nagar
Age:36 Yrs. Mob.8859777955
email: racpcnsp.zodel@sbi.co.in ..........Plaintiff

Vs
Mr. Bhaskar Sharma
S/o Mr. J.P Sharma
R/o WZ 135, Shakurpur Village
Near Britania, Saraswati Vihar
North West Delhi-110034. .........Defendant

Date of filing : 22.01.2022

Date of judgment : 27.10.2022

JUDGMENT

1. Present suit was filed by the plaintiff for recovery of Rs. 1,65,487/-
(Rupees One Lakh Sixty Five Thousand Four Hundred Eighty Seven Only) along
with interest etc..

2. It is inter-alia averred by the plaintiff that plaintiff bank is a corporate

body constituted under the State Bank of India Act, 1955(Act No. XXIII of 1955)
having its Central Office at Madam Cama Road, Mumbai, and also RACPC situated
at A-5, Pearl Best Height-1, Netaji Subhash Palace, New Delhi; defendant
approached the plaintiff bank for grant of financial assistance; considering the
proposal of defendant, plaintiff bank sanctioned car loan amount to the tune of
Rs.3,34,000/-; defendant had duly availed it by purchasing 'Maruti Alto, LXI' CNG
car; the said car loan is secured by hypothecation of vehicle/car in favour of plaintiff
bank; in consideration of car loan facility granted by the plaintiff, the defendant had
executed and signed various loan documents; defendant has committed regular
defaults in repayment of loan amount; plaintiff bank, consequent upon the account of
the defendant, has classified the account of defendant as NPA on 01.03.2021; on
persistent defaults committed by defendant, the loan was recalled by the plaintiff
bank interalia by serving legal notice dated 11.12.2021 upon the defendant but all in
vain. Lastly, it is prayed that decree may be passed in favour of the plaintiff against
the defendant.

3. Summons in the present suit was sent to the defendant, however, despite
service defendant failed to appear in the Court and accordingly, vide order dated
22.08.2022, the defendant was proceeded ex-parte.

4. Plaintiff in order to prove its case has examined Sh. Deepak Nagar who
tendered his evidence by way of affidavit and relied upon the documents such as
certified copy of Gazette notification dated 02.05.1987 Ex.PW1/A, original loan
application Ex.PW1/B, original sanction letter dated 03.03.2017 Ex.PW1/C, original
arrangement letter dated 03.03.2017 Ex.PW1/D, original hypothecation agreement
(term loan) dated 03.03.2017 Ex.PW1/E, original appraisal for vehicle loan dated
02.03.2017 Ex.PW1/F, copy of other supported document ar Mark-PW1/1(colly),
original NPA certificate issued by plaintiff bank Ex.PW1/J, office copy of legal notice
dated 11.12.2021 along with postal receipts Ex.PW1/K(colly), statement of loan
account of defendant Ex.PW1/L(colly), certificate U/S 2A and 65B of Indian
Evidence Act Ex.PW1/M, original certificate of accrued interest Ex.PW1/N.
Thereafter, the ex-parte plaintiff evidence was closed.

5. I have heard Ld. counsel for the plaintiff and perused the complete
record.

6. Since the defendant was proceeded ex-parte in this matter, ex-parte

evidence led by the plaintiff remained uncontroverted and unchallenged, hence, the
court finds no ground to disbelieve the testimony of the plaintiff witness. In view of
the un-rebutted and unchallenged oral and documentary ex-parte evidence led by the
plaintiff, the plaintiff has been able to prove the case as set up in the plaint and the
plaintiff is entitled for a decree.

Relief:-

7. Hence, the suit of plaintiff for recovery of Rs. 1,65,487/-(Rupees One

Lakh Sixty Five Thousand Four Hundred Eighty Seven Only) is decreed. Plaintiff is
also entitled for interest at the rate of 6% per annum on the said amount from the date
of filing of the suit till realization.

8. Costs of the suit is also awarded in favour of the plaintiff and against
the defendant.

9. Decree sheet shall be prepared accordingly.

10. File be consigned to record room after due compliance.

Digitally
signed by
Announced in open court
on 27th October, 2022 AJAY AJAY NAGAR
Date:
(This judgment contains 04 pages) NAGAR 2022.10.27
15:55:38
+0530
(AJAY NAGAR)
Senior Civil Judge, North West
ROHINI COURTS/DELHI