Delhi District Court
Central Bank Of India vs Prem Chand Sharma on 22 August, 2014
IN THE COURT OF SH. PRASHANT SHARMA : ACJARCCCJ:
PATIALA HOUSE COURTS: NEW DELHI
SUIT NO. S14/14
Central Bank of India
Head office:
Chandramukhi Building,
Nariman Point,
Mumbai400021
Branch office:
70, Janpat, New Delhi
.....................Plaintiff
Versus
Prem Chand Sharma,
S/o. Shri Ram Raj Sharma,
R/o. WZ44B, Possangipur, Janakpuri,
New Delhi110059.
.....................Defendant
SUIT UNDER ORDER 37 CPC FOR RECOVERY OF RS.
1,90,278/ (RUPEES ONE LAKH NINETY THOUSAND TWO
HUNDRED SEVENTY EIGHT ONLY).
Date of institution of suit : 01.03.2014
Date of final judgment : 22.08.2014
SUIT NO. S14/14 Central bank of India Vs. Prem Chand Sharma Page No. 1 of 5
JUDGMENT
1. This suit stands decreed under order 37 Rule 3 CPC as defendant Prem Chand Sharma, S/o. Sh. Ram Raj Sharma, R/o. WZ44B, Possangi Pur, Janakpuri, New Delhi59 failed to enter his appearance, before the Court, within statutory period of 10 days after he was served through summons, as per the mandate of aforesaid provision.
2. Plaintiff has alleged in its suit that plaintiff is a body corporate incorporated under the banking companies(acquisition and transfer of undertakings) Act 1970. That it has granted a loan of Rs. 1,20,000/ to defendant, subject to certain terms and condition, as mentioned in the application for financing of earnest money, D.P. Note, letter of waiver and letter of deposit of advance cheques, which are placed on record. That the said note was taken by defendant for booking residential flat under the scheme of Central Government Employees, Greater Noida Housing scheme(in short CGEGNHS). That defendant failed to repay the said legally recoverable loan to plaintiff, as he became defaulter in paying monthly installments to the plaintiff bank. In that regard, plaintiff made various visits, requests, reminders to the defendant but of no avail. That in response to the repeated demands of plaintiff bank, defendant issued one cheque bearing no. 758461 dated 11.07.2013 for discharging his liability to pay loan amount in question, but the said cheque on SUIT NO. S14/14 Central bank of India Vs. Prem Chand Sharma Page No. 2 of 5 presentation was dishonored for the reason of funds insufficient. That subsequently legal demand notice dated 18.01.2014 was issued by plaintiff's bank but the said notice was not responded by defendant. Finally plaintiff filed the present suit for recovery of Rs. 1,90,278/ from defendant, after calculating interest and other penal charges. Plaintiff has also filed relevant documents, in relation to his case, with its plaint.
3. After filing of the suit, summons were issued to the defendant.
4. Defendant, on his part was served through summons in form no. IV Appendix B CPC on 19.05.2014 but did not make his appearance within 10 days from getting the notice regarding pendency of present suit.
5. Aper the mandate of Order 37 Rule 3 CPC, defendant should have appeared in the Court within 10 days of getting notice regarding pendency of present suit, which he did not. Plaintiff on his part was able to raise a proper case of recovery of suit amount which as per the mandate of the aforesaid provision is deemed to be admitted by me. All the documents viz. application for financing of earnest money, D.P. Note, letter of waiver, letter of deposit of advance cheques, cheques issued by defendant, cheque returning memos, legal demand notice, statement of accounts, certificate as per section 2A of Bankers Book of Evidence Act 1891, are perused and considered. I have no reason to doubt the case of SUIT NO. S14/14 Central bank of India Vs. Prem Chand Sharma Page No. 3 of 5 plaintiff. Therefore, allegations of plaintiff are admitted and suit stands decreed in favour of the plaintiff.
6. Decree sheet in the sum of Rs.1,90,278/ alongwith pendentelite and future interest @7% per annum be prepared as per law/rules. Parties to bear their own cost of litigation. File be consigned to record room after necessary compliance.
Announced in the open court (PRASHANT SHARMA)
on 22.08.2014 ARC/ACJ/CCJ: New Delhi
Patiala House Courts/22.08.2014
SUIT NO. S14/14 Central bank of India Vs. Prem Chand Sharma Page No. 4 of 5
S No.14/14
22.08.2014
Present : Proxy counsel for plaintiff.
Defendant is absent.
Defendant has not appeared within 10 days of received of summons in form no. IV Appendix B CPC as per the mandate of order 37 CPC and therefore has not contested this matter.
Final arguments heard. Decree sheet in the sum of Rs. 1,90,278/ alongwith pendentelite and future interest @7% per annum be prepared as per law / rules. Parties to bear their own cost of litigation.
File be consigned to record room after necessary compliance.
(PRASHANT SHARMA) ARC/ACJ/CCJ: New Delhi Patiala House Courts/22.08.2014 SUIT NO. S14/14 Central bank of India Vs. Prem Chand Sharma Page No. 5 of 5