Delhi District Court
Racpc Situated At vs Sh. Suresh on 2 February, 2022
IN THE COURT OF SH. DHIRENDRA RANA,
SCJ CUM RC (NORTH), ROHINI COURTS, DELHI.
In the matter of :
State Bank of India, A Body Corporate
Constituted under the State Bank of India Act, 1955
Having its Head Office/Central Office/Corporate Office at:
State Bank Bhavan, Madam Kama Road,
Mumbai40024
Local head Office at :
11, Sansad Marg, New Delhi110001
Branch:
Jahangir Puri, Delhi.
RACPC situated at
A5, Pearl Best Height1,
Netaji Subhash Palace,
New Delhi
Through Manager Ms. S. Usha ........... Plaintiff
VERSUS
Sh. Suresh
S/o Sh. Saroop Singh
R/o H. No. 36, Banker Lampur, Delhi110040
Also At:
Municipal Corporation of Delhi
Department of Environment Management Services
Narela Zone, Delhi110040 .......... Defendant
CS No. 498/2020 SBI Vs. Suresh 1/4
JUDGMENT
CNR No. DLNT030011062020
Case No. 498/2020
Under Section Recovery
Date of Institution 07.08.2020
Date of Final Order 02.02.2022
Final Order Decreed
The present suit is for recovery under Order 37 CPC for an amount of Rs. 1,81,396/ filed by the plaintiff.
1. Succinctly stated the facts as mentioned in the plaint are as under: The plaintiff is a bank constituted under the State Bank of India Act, 1955. The present suit has been filed by Ms. S. Usha, Chief Manger, who is duly authorized to institute/make/sign/execute the present suit. It has been stated that the defendant approached the plaintiff for grant of financial assistance by way of Car Loan/Auto Loan facility for purchasing Maruti Suzuki WagonR under SBI Auto Loan Scheme. It has been further stated that at the request of defendant, the plaintiff bank sanctioned the car loan of Rs. 3,90,000/ on 31.08.2017 subject to certain terms and conditions of the sanction and upon execution of various loan documents i.e., appraisal note, sanction note, Arrangement letter, LoancumHypothecation agreement, vehicle delivery report, operation letter, opinion letter, undertaking by the defendant. Upon execution of documents, plaintiff bank disbursed the loan amount of Rs. 3,90,000/ in his loan account no. 37128576599 under the terms and conditions of loan agreement at ROI @ 9.25% p.a. to be charged CS No. 498/2020 SBI Vs. Suresh 2/4 at monthly rest. It has been further stated that the defendant has availed the loan facility and made repayment of the loan dues in the abovesaid account, which is being maintained by the plaintiff bank in normal and due course of business of banking and all the debit and credit entries have been incorporated in the account as evidence of the transactions in the account. It has been further stated that after disbursement of the abovesaid loan amount, the defendant committed default in making the payment of the said loan amount and failed to make the payment of abovesaid loan amount as per repayment schedule. Finally, the account was classified as NPA in accordance with the RBI guidelines on 30.06.2018. Even, the plaintiff sent a loan recall/demand notice dated 08.12.2018 to the defendant which was duly served upon him. Thereafter another legal notice dated 27.01.2020 was sent to defendant, however, defendant neither repaid the outstanding payment nor sent any reply to the same. Hence, the present suit.
2. The summons were issued to the defendant. He was duly served on 06.12.2021, however, till date appearance has not been filed on behalf of defendant.
3. The plaintiff has placed on record Loan application form, Loancum Hypothecation Agreement, Arrangement Letter, Sanction Letter, Vehicle Delivery Letter, Operation letter, Legal notice dated 08.12.2018 and dated 27.01.2020, Speed Post receipt and Account statement. The suit of the plaintiff is well within limitation and covered under Order 37 CPC.
4. The suit of the plaintiff is decreed and the defendant is directed to pay sum of Rs. 1,81,396/ alongwith pendente lite and future interest @ 9.50% per annum thereon from the date of institution of the suit up to the date of decree.
CS No. 498/2020 SBI Vs. Suresh 3/4 The defendant shall also pay the costs of the suit to the plaintiff. The defendant shall also pay the costs of the suit to the plaintiff.
5. Decree sheet be accordingly prepared.
6. File be consigned to record room after due compliance.
Digitally signed by DHIRENDRA DHIRENDRA Announced in the Open Court on 02.02.2022 RANA RANA Date: 2022.02.02 16:43:06 +0530 (DHIRENDRA RANA) SCJcumRC(North), Rohini, Delhi. CS No. 498/2020 SBI Vs. Suresh 4/4