Delhi District Court
State Bank Of India vs Akash Prasad on 17 January, 2019
Page no. 1 of 7
IN THE COURT OF SH. SUSHIL ANUJ TYAGI, JSCC CUMASCJCUM
GUARDIAN JUDGE, DISTRICT: SOUTHEAST, NEW DELHI.
CIVIL SUIT NO. 350/18
IN THE MATTER OF:
STATE BANK OF INDIA
A Corporation Constituted
under the State Bank of India Act 1955,
having its Central office/ Corporate Center
at State Bank Bhavan, Madam Cama Road,
Mumbai440024,
One of its Local Head Office at
11, Sansad Marg, New Delhi01,
One of its branch at Lajpat Nagar,
New Delhi and also recovery branch known
as RACPC, 1st Floor, F40,
2nd and 3rd Floor, Ring Road,
South Extension, PartI, New Delhi
through its Manager
Mr. Manoj Kumar
........PLAINTIFF
VERSUS
AKASH PRASAD
S/o Sh. Rajender Prasad
R/o E8788, Jawahar Park,
Civil Suit no. 350/18 (Sushil Anuj Tyagi)
State Bank of India JSCC cumASCJcumGJ
VS. South East, Saket Courts/17.01.2019
Akash Prasad
Page no. 2 of 7
Khanpur, New Delhi110062
Also at:
329, BlockL, Dakshinpuri
Ambedkar Nagar,
New Delhi62
.......DEFENDANT
Date of Institution : 23.03.2018
Date of reserving order : 17.01.2019
Date of Judgment : 17.01.2019
EXPARTE JUDGMENT:
1.This is a suit filed by the plaintiff against the defendant for recovery of Rs. 1,49,468/ alongwith pendente lite and future interest @ 9.40 % p.a from the due date till realisation along with costs.
2. The brief facts of the case as per the plaintiff are as follows:
2.1. It is alleged that plaintiff is a banking company. 2.2. It is alleged that the defendant approached the plaintiff bank for availing a vehicle loan and applied for a loan of Rs. 6,50,000/ Civil Suit no. 350/18 (Sushil Anuj Tyagi) State Bank of India JSCC cumASCJcumGJ VS. South East, Saket Courts/17.01.2019 Akash Prasad Page no. 3 of 7 and furnished the requisite documents. Thereafter, the same application was accepted by the plaintiff's bank and consequently a vehicle loan of Rs. 6,50,000/ was sanctioned by plaintiff bank to the defendant on 01.11.2012 to which defendant executed following documents:
(a) Car Loan Application
(b) Arrangement Letter dt. 01.11.2012
(c) Loan cum Hypothecation Agreement dt.
01.11.2012
(d) Vehicle Delivery Letter
(e) Annexure car VIII
(f) Annesure I
2.3. It is further alleged that defendant agreed to repay the entire loan amount to the plaintiff bank in 60 equated monthly installments of Rs. 13,971/ at the rate of 10.49% per annum. An loan account 32633017939 was also opened in the books of account of the plaintiff in the name of defendant.
2.4. It is alleged that the defendant miserably failed to maintain the financial discipline as he did not pay the installments regularly, Civil Suit no. 350/18 (Sushil Anuj Tyagi) State Bank of India JSCC cumASCJcumGJ VS. South East, Saket Courts/17.01.2019 Akash Prasad Page no. 4 of 7 whereby his account with the plaintiff bank became irregular. 2.5. It is alleged that due to continuous and persistent default, the loan account was categorized as NPA. Thereafter, the plaintiff bank issued a legal notice dated 05.01.2018 which was served to the defendant but after service of legal notice, defendant did not make the remaining payment and hence the present suit.
3. Summons to the defendant received back served. However, despite service of legal notice, the defendant did not appear and hence defendant was proceeded against exparte vide order dated 01.09.2018.
4. Thereafter, Mr. Alok Manglik Manager/AR of plaintiff bank has led exparte evidence by way of affidavit ExPW1/A wherein plaintiff has reiterated the averments made in the plaint. He has proved the following documents: Sl. Exhibits Documents.
no.
1 Ex.PW1/1 Certified true copy of Gazette notification 2 Ex.PW1/2 Original car loan application form.
Civil Suit no. 350/18 (Sushil Anuj Tyagi) State Bank of India JSCC cumASCJcumGJ VS. South East, Saket Courts/17.01.2019 Akash Prasad Page no. 5 of 7 3 Ex.PW1/3 Original arrangement letter dated 01.11.2012 4 Ex.PW1/4 Original Loan cum hypothecation agreement dated 01.11.2012 5 Ex.PW1/5 Original vehicle delivery letter 6 Ex.PW1/6 Original annexure carVIII 7 Ex.PW1/7 Original annexureI 8 Ex.PW1/8 Office copy of legal notice dated 05.01.2018 9 Ex.PW1/9 Original postal receipt 10 Ex.PW1/10 Original courier receipt 11 Ex.PW1/11 Duly certified statement of account. 12 Ex.PW1/12 Original certificate of accrued interest 13 Ex.PW1/13 Original certificate under Section 65 B of Indian Evidence Act 14 Mark A Copy of invoice of vehicle 15 Mark B Copy of insurance of hypothecated vehicle 16 Mark C Copy of DL of defendant 17 Mark D Copy of PAN card of defendant. 18 Mark E Copy of Election ID of defendant 19 Mark F Copy of Aadhar card of defendant.
5. Thereafter, Plaintiff Evidence was closed.
6. I have heard the arguments advanced by Ld counsel for the plaintiff and perused the material available on record.
Civil Suit no. 350/18 (Sushil Anuj Tyagi) State Bank of India JSCC cumASCJcumGJ VS. South East, Saket Courts/17.01.2019 Akash Prasad Page no. 6 of 7
7. The plaintiff has averred that an amount of Rs 1,49,468/ is due and payable by the defendant to the plaintiff. To prove the same, plaintiff examined its AR as PW1 who gave his evidence by way of affidavit Ex.PW1/A and further proved the relevant documents as Ex.PW1/1 to Ex.PW1/13 and mark A to mark F.
8. The suit of the plaintiff remains uncontroverted and unrebutted as none has appeared on behalf of defendant to cross examine the plaintiff's witness. Hence, all the averments made in the plaint are deemed to be admitted and documents placed on record stand duly proved. Further, the suit of the plaintiff is within the territorial jurisdiction of this court and within prescribed period of limitation as per the Limitation Act.
9. In the light of oral and documentary evidence on record, the suit of the plaintiff is decreed in favour of the plaintiff and against the defendant, for a sum of Rs. 1,49,468/ alongwith pendente lite & future interest @ 9 % p.a from the date of filing of suit till its realization.
10. Costs of suit are also awarded in favour of the plaintiff.
Civil Suit no. 350/18 (Sushil Anuj Tyagi) State Bank of India JSCC cumASCJcumGJ VS. South East, Saket Courts/17.01.2019 Akash Prasad Page no. 7 of 7
11. Decree sheet be drawn accordingly.
12. File be consigned to record room, after due compliance.
Announced in the open court (Sushil Anuj Tyagi) today i.e on 17.01.2019 JSCCcumASCJcumGJ South East, Saket Courts:New Delhi 17.01.2019 Civil Suit no. 350/18 (Sushil Anuj Tyagi) State Bank of India JSCC cumASCJcumGJ VS. South East, Saket Courts/17.01.2019 Akash Prasad