Bangalore District Court
Ashraya Charitable Trust vs Upasana Purush Bachat Gat on 15 September, 2017
IN THE COURT OF THE VII.ADDL.CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH.No.19)
Dated: This the 15th Day of September 2017
Present: Smt. Saraswati V. Kosandar, B.Com., LL.M.,
VII Addl. City Civil & Sessions Judge,
Bengaluru City.
O.S.NO.6480/2016
Plaintiffs: Ashraya Charitable Trust, 1407,
Hennur Main Road,
Kacharakanahalli, St.Thomas
Town Post, Bangalore - 560 084.
Represented by it's National Co-
ordinator, Sri.Jaiju Joseph.
(By Sri.G.J.P., Advocate)
Vs.
Defendants: 1. Upasana Purush Bachat Gat,
C/o Madan A.Jadhav, Shalom
Nivas, Vasanta Nagar,
Baramati Pune, Maharastra
413 102.
2. Mr.Uday Nandakumar Kasbe,
C/o Nandakumar B Kasbe,
Aged about 42 years, A/6, 3rd
Floor, Vighnaharta Apt Weal
Colony, T.C.College Road,
Baramati Pune, Mahatastra
413 102.
3. Mr.Madan A Jadhav, C/o
Annasaheb, Aged about 55
years, Shalom Nivas, Vasant
2 O.S.No.6480/2016
Nagar, Baramati Pune,
Mahatastra Pin:413 102.
4. Mr.Gaurv M. Jadhav, C/o
Madan Jadhav, Aged about
24 years, Shalom Nivas,
Vasant Nagar, Baramati
Pune, Maharastra Pin: 413
102.
5. Mr.Daniel Anna Gaikward, C/o
Annarav Gaikward, Aged
about 38 years, Navjeevan
Gruh Nirman Society
Tandulwadi, Baramati Pune,
Maharastra Pin: 413 102.
6. Mr.Shamuvel Annaram
Gaikward, C/o Annaram
Gaikward, Aged about 42
years, 291, Near Parekh
Kirana Store Vasant Nagar,
Baramati Pune, Mahatastra
Pin:413 102.
(Ex-parte)
Date of institution of 7.9.2016
suit
Nature of the suit Money suit
Date of 05.07.2017
commencement of
recording of evidence
Date on which 15.09.2017
Judgment was
pronounced
Total duration Days Months Years
08 00 01
3 O.S.No.6480/2016
/ JUDGMENT /
This is a suit filed by the plaintiff against the defendants
for recovery of money.
2. In brief, the case of the plaintiff reads as under:-
That the plaintiff is a registered trust under the name of
Ashraya Charitable Trust with the aims and objectives, to
provide aid, support and relief to the economically
disadvantaged persons in Rural and Urban areas through
training, counseling, technical support and advise, financial
assistance through grants, loan or advances for the purpose
of initiating, developing, supporting or improving their
livelihood systems, means, methods and avenues, including
those in the area of agriculture livestock raring and breading,
flour culture, horticulture and others. They also assist,
advise, support and facilitate wherever necessary in any
manner possible for the protection, preservation, storage of
livestock, agricultural produce to enable such persons to be
economically independent and productive members of
4 O.S.No.6480/2016
society and rescue them from the vicious circle of poverty
and debt.
3. The defendants herein have formed a self help
group under the name of "Upasana Purush Bachat Gat"
under the guidance of plaintiff organization. The defendant
Nos.2 to 6 have become SHG members. The defendants
are the residents of Baramati Pune, Maharastra. The
defendants formed self help group and voluntarily joined
together to carry on savings and credit and other economic
activities for mutual benefit. The defendants have entered
into an agreement to achieve the aims and objectives of the
SHG. As per the agreement each of the SHG member shall
save a sum of Rs.50/- or such sum as may be decided by
the group on weeks / fortnightly / monthly basis which shall
be deposited with the authorized member of the SHG. It is
agreed by the defendants that each member shall strive for
the success of the SHG and shall not act in any manner
detrimental to the business interest of SHG and such
detrimental acts. It is also agreed that SHG members shall
5 O.S.No.6480/2016
be jointly and severally liable for all the debts contracted by
all the members of SHG. The self help group had elected
Mr. Udayanandakumar, Kasbe and Madan A Jadav as their
leaders and authorized them to operate the account of SHG
with Maharastra Trust. The defendants have authorized
them to open savings, fixed deposits and such other
accounts in Maharastra Trust. The plaintiff took lead to help
defendants SHG as an intermediary and surety and
forwarded Maharastra Trust Baramati and every one took
loan of Rs.30,000/- in Trust account No.60160721760 under
the lead and remittance of the loan money by the plaintiff.
The plaintiffs deposit with the Trust will be adjusted to the
accounts of loan borrowers, the SHG members became
defaulters and the plaintiff is sole responsible to repay the
Trust account. The defendants have paid an amount of
Rs.14,800/- which is little higher than one installment and
thereafter, stopped paying loan installment. The defendants
have discontinued to pay the loan from 28.8.2014. On
enquiry with the Maharashtra Trust it is learnt that
6 O.S.No.6480/2016
defendants had failed to pay the remaining installments and
have become defaulters. The defendants are jointly and
severally liable to pay a sum of Rs.2,18,218/- with future
rate of interest at 18% per annum from the date of suit till
realization of the suit claim. Hence, this suit.
4. On perusal of order sheet, it is seen that inspite of
receipt of suit summons through RPAD., they have
remained absent and My Learned Predecessor in office
placed them ex-parte.
5. In order to prove their case, the plaintiff examined
their National Co-ordinator as P.W.1 and marked Exs.P1 to
P18 and closed their side of evidence.
6. Heard the arguments and perused the records.
7. Now the points that arise for my consideration are
as under:
1. Whether the plaintiff proves that the
defendants have borrowed
Rs.1,50,000/- agreeing to repay the
same with interest at 18% p.a. as self
help group members?
7 O.S.No.6480/2016
2. Whether the plaintiff proves that they
are entitle to recover suit claim as
sought?
3. What Order or decree?
8. My findings to the above points are as follows:-
Point No.1 : In the affirmative
Point No.2 : Partly in the affirmative
Point No.3 : As per final order
for the following:
REASONS
9. Points No.1 & 2: Since these points are
interconnected, they are taken up together for consideration
to avoid repetition.
It is the case of the plaintiff Trust that the defendants
are the members of self help group by name Upasana
Purush Bachath Gat and have borrowed loan of
Rs.1,50,000/- agreeing to repay the same with interest at the
rate of 18% per annum, in monthly installments of
Rs.11,600/-. It is alleged that the defendants have failed to
repay the loan amount as agreed and were due in a sum of
Rs.2,06,400/- as on the date of suit. Therefore, the plaintiff
8 O.S.No.6480/2016
is constrained to file this suit. As noted above, the
defendants have failed to appear and contest the suit.
10. In support of their claim, on the side of plaintiff
Trust its National Co-ordinator appeared before the Court
and filed his testimonial affidavit in lieu of oral evidence as
Pw.1 and got marked 18 documents as P1 to P18. In his
evidence, Pw.1 has re-iterated the plaint averments and
specifically stated that the defendants have took loan of
Rs.30,000/- each through Bank Account No.60160721760
under the deed and remittance of the loan money by the
plaintiff. He has stated that plaintiffs deposited with the Bank
has been adjusted to the accounts of borrowers. However
except an amount of Rs.14,800/- the defendants have failed
to repay the loan amount and were due in a sum of
Rs.2,06,400/- and therefore prayed to decree the suit.
11. In support of his oral evidence, Pw.1 got marked
office copy of legal notice, postal receipts and postal
acknowledgements in respect of issuance of notices to the
9 O.S.No.6480/2016
defendants as per Ex.P1 to 8 respectively. He also got the
certified copy of Trust deed and amended Trust deed
pertaining to plaintiff trust as per Ex.P 9 and 10 and the
statement of account as per Ex.P11. He got marked letter
dtd:24.5.2016 issued by Fedaral Bank to the plaintiff Trust as
per Ex.P12. Inter-se agreement executed between the
defendants is marked as per Ex.P13 and bond executed by
defendant No.2 to 6 are marked as per Ex.P14 to 18.
Evidence of Pw.1 has remained unchallenged as defendants
are placed ex-parte.
12. On perusal of pleadings, documents and
evidence of P.W.1, it can be seen that the defendants No.2
to 6 are the members of "Upasana Purush Bachat Gat".
From Ex.P13 it can be seen that defendants No.2 to 6 have
executed an inter-se agreement as members of self help
group wherein defendants No.2 and 3 are appointed as
representatives of the self help group. Exs.P14 to 18 shows
that the defendants No.2 to 6 have executed document in
favour of plaintiff Trust in respect of availing loan of
10 O.S.No.6480/2016
Rs.30,000/- each agreeing to repay the same with interest at
the rate of 18% p.a. Ex.P11 shows that defendants have
failed to repay the loan amount as agreed and they are due
in a sum of Rs.2,06,400/- as on the date of suit. The
defendants have failed to appear and contest the claim of the
plaintiff Trust. There are no reasons to disbelieve the case
of the plaintiff. The documents produced by the plaintiff
establish that the defendants have borrowed loan and failed
to repay the same. Both oral and documentary evidence
placed by the plaintiff Trust has remained unchallenged and
un-controverter. Under these circumstances, looking to the
pleadings, documents and the grounds urged by the Learned
Counsel for the plaintiff, I answer point No.1 in the affirmative
13. The plaintiff has claimed suit amount with future
interest at 18% p.a. Admittedly, the defendants are the
members of a self help group. Hence, this is not a
commercial loan transaction. Therefore, plaintiff Trust is not
entitled to recover suit amount with interest at the rate of
18% p.a. Hence, looking to the nature of loan transaction
11 O.S.No.6480/2016
and prevailing rate of interest, the plaintiff Trust is entitled to
recover the suit amount at the rate of interest at 12% p.a. as
simple interest. Accordingly, point No.2 is answered partly
in the affirmative.
14. Point No.3:- In view of my discussion and
findings on points No.1 and 2, I proceed pass the following:
ORDER
The suit of the plaintiff Trust is decreed with cost.
The defendants No.1 to 6 are jointly and severally liable and directed to pay a sum of Rs.2,18,218/- with future interest at the rate of 12% p.a. from the date of suit till realisation of entire amount.
Draw decree accordingly.
(Dictated to the Judgment Writer through computer, corrected and then pronounced by me in open Court today the 15th day of September 2017).
(SARASWATI.V.KOSANDAR) VII.ADDL.CITY CIVIL JUDGE.
BANGALORE CITY.
12 O.S.No.6480/2016/ANNEXURE/ Witnesses examined on behalf of Plaintiff/s:
PW-1 : Jaiju Joseph Witness examined on behalf of Defendants:
Nil Documents marked on behalf of Plaintiffs:
Ex.P.1 : Office copy of legal notice Ex.P2 : Postal receipts Exs.P3to P8 : Postal acknowledgement letters Ex.P9 : Trust deed dated:1.9.1999 Ex.P10 : Certified copy of rectification letter dated:29.3.2013 Ex.P11 : Statement of account Ex.P12 : Letter dated: 24.5.2016 Exs.P13 to P18 : 5 promissory notes and inter-se agreement dated: 27.4.2014 Documents marked on behalf of Defendants:
Nil VII.ADDL.CITY CIVIL JUDGE (CCH.No.19) BANGALORE.13 O.S.No.6480/2016
05.09.2017 P - B.C.T. D1 to 11 - Ex-parte (Judgment pronounced in the open Court (vide separate) ORDER 14 O.S.No.6480/2016 The suit of the plaintiff Trust is decreed with cost.
The defendants No.1 to 6 are jointly and severally liable and directed to pay a sum of Rs.2,18,218/- with future interest at the rate of 12% p.a. from the date of suit till realisation of entire amount.
Draw decree accordingly.
(Saraswati.V.Kosandar) VII.ADDL.CITY CIVIL JUDGE.
BANGALORE CITY 15 O.S.No.6480/2016