Delhi District Court
Syndicate Bank Limited vs Sh. Ravi Arora on 4 January, 2013
IN THE COURT OF MS. PRABH DEEP KAUR
CIVIL JUDGE05(WEST)
TIS HAZARI COURTS, DELHI
SUIT NO. 95/12
Unique ID No.
Syndicate Bank Limited
A Body Corporate Constituted Under
the Banking Companies
(Acquisition of Transfer and Undertaking)
Act, 1970
Having its head office at
Manipal (Karnataka State)
and inter alia a branch office at
Kirti Nagar,
New Delhi.
..........PLAINTIFF
VERSUS
Sh. Ravi Arora,
Proprietor of M/S Vandana Embroidery,
2190/2, West Patel Nagar,
Shadi Khampur,
New Delhi08.
..........Defendant
Date of filing : 02.04.2012
Date on which order has been reserved: 21.12.2012
Date of pronouncement of judgment : 04.01.2013
Suit No. 95/12 Syndicate Bank Vs. Sh. Ravi Arora Page No. 1/5
JUDGMENT
1. Plaintiff has filed the present suit to pass a decree in favour of the plaintiff and against the defendant for sum of Rs. 1,55,113/ along with pendent lite and future interest @ 17.5 % per annum compounded monthly from the date of filing of the suit till its realization and cost of the suit be also awarded in favour of the plaintiff.
2. Plaintiff's Version:
(i) Plaintiff stated that the plaintiff bank is a body corporate under the Banking Companies (Acquisition of Transfer and Undertaking) Act, 1970 having its head office at Manipal (Karnataka State) and inter alia a branch office at Kirti Nagar, New Delhi and Sh. Naresh Kumar is posted as Senior Manager at the aforesaid branck of the bank holding a power of attorney executed by the directors of bank in his favour by virtue to which he is competent to sign and verify the pleadings and institute suits on behalf of the plaintiff bank. Further, plaintiff stated that the defendant representing himself as Sole Proprietor of M/S Vandana Embroidery approached the plaintiff bank branch and requested for opening a current account which was acceded to by them and a current account bearing No. 3922 (New Number 90391010002340 in the name of M/S Vandana Embroidery) was opened in their books of account and the aforesaid current account was operated by the defendant from time to time by depositing and withdrawing diverse sum of money. On 05.11.2009, when the current account of th defendant showed a credit balance of Rs. 570.05 the defendant requested the plaintiff bank for temporary overdraft for making payment to the factory labour/office salary which was allowed by Suit No. 95/12 Syndicate Bank Vs. Sh. Ravi Arora Page No. 2/5 passing the self cheque bearing No. 543656 dated 02.11.2009 in a sum of Rs. 1,00,000/ which was withdrawn by him resulting in the current account showing a debit balance of Rs. 99,429.95/.
(ii) Further, plaintiff stated that the temporary overdraft was allowed by the plaintiff bank to the defendant on the clear condition duly agreed to by the defendant that the aforesaid amount would be cleared within 15 days from the date of availment i.e by 20.11.2009. It was further agreed that the penal interest @ 2% above the normal interest applicable on such type of advances would also be paid by him as per RBI/Bank directions which at present is 17.50% per annum compounded monthly. But the defendant failed to keep up his promise of clearing the amount in respect of the temporary overdraft and as a matter of fact stopped operation in the account resulting in the debit balance continuing to remain in the account.
(iii) Plaintiff further stated that the plaintiff bank granted enough time to the defendant to clear the outstanding dues but he failed and neglected to do so as a result of which the plaintiff bank sent legal notice dated 31.01.2011 calling upon him to clear the outstanding, however, despite of receipt of the same he has failed to clear the dues resulting in the plaintiff being left with no other alternative but to file the present suit.
(iv) Further, plaintiff stated that the plaintiff bank is maintaining regular books of account in its normal and usual course of banking business and a total sum of Rs. 1,55,113/ as detailed hereunder is due and outstanding in the current account of the defendant as on the date of filing of the suit: Amount as per the statement of account Rs. 1,52,608.54/ Suit No. 95/12 Syndicate Bank Vs. Sh. Ravi Arora Page No. 3/5 (inclusive of interest upto 29.02.2012) Interest for the period 01.03.2012 to Rs. 2,504.46/ 29.03.2012.
Total Rs. 1,55,113.00/ Plaintiff further stated that the defendant is also liable to pay interest @ 17.50% per annum compounded monthly from the date of filing of the suit till its realization.
3. Defendant has been served by way of affixation but none has appeared on behalf of the defendant nor any WS has been filed by the defendant. Therefore, vide order dated 21.09.2012, defendant has been proceeded with Exparte.
4. In the witness box, plaintiff has examined only one witness Sh. D.P. Singh, i.e AR of the plaintiff company as PW1. PW1 has relied upon the following documents:
(i) The authorized letter/power of attorney is Ex. PW1/1.(OSR).
(ii) The original account opening form is Ex. PW1/2.
(iii) The letter of proprietorship is Ex. PW1/3.
(iv) The request letter of the defendant from grant of TOD is Ex. PW1/4.
(v) The cheque through which TOD was availed is Ex. PW1/5.
(vi) The copy of the legal notice is Ex. PW1/6.
(vii) The postal receipts is Ex. PW1/7.
(viii) The A.D. Card is Ex. PW1/8.
Suit No. 95/12 Syndicate Bank Vs. Sh. Ravi Arora Page No. 4/5
(ix) The postal receipt of certificate of posting is Ex. PW1/9.
(x) The certified copy of the statement of the account is Ex. PW1/10.
5. The testimony of plaintiff remained uncontroverted, unrebutted and
unchallenged.
6. To discharge his onus, plaintiff has filed on record sufficient documents. Perusal of all these documents shows that defendants had taken a loan from the plaintiff bank but have failed to discharge his liability to pay.
8. In view of the facts mentioned by the Plaintiff and documents filed by the Plaintiff, and the fact that defendants have not lead any evidence and the above discussion the suit is liable to be decreed in favour of the plaintiff and against the defendants.
9. The suit of the plaintiff is accordingly, decreed in favour of the plaintiff and against the defendants for a sum of Rs. 1,55,113/ along with pendent lite interest @ 8% per annum till the date of decree.
Costs of the suit is awarded in favour of the plaintiff and against the defendant.
Decree sheet be prepared accordingly.
File be consigned to the record room after due compliance. Announced in the open court on 04th January, 2013 (Prabh Deep Kaur) Civil Judge05(West) THC/Delhi/04.01.2013 Suit No. 95/12 Syndicate Bank Vs. Sh. Ravi Arora Page No. 5/5 Suit No. 95/12 Syndicate Bank Vs. Sh. Ravi Arora Page No. 6/5