Delhi District Court
Through Its Authorised Representative vs Pawan Kumar on 6 October, 2022
IN THE COURT OF MS. DEEKSHA RAO: CIVIL JUDGE-04:
CENTRAL DISTRICT: TIS HAZARI COURT: NEW DELHI
Case No.846/21
IN THE MATTER OF:-
ICICI Bank Limited
Having its Registered Office at:
Near Chakli Circle, Old Padra Road,
Vadodara, Gujarat-390 007.
And having its branch office at:
2nd Floor, Videocon Tower,
Block-E1, Jhandewalan Extension,
New Delhi.
Through its Authorised Representative
Mr. Pankaj Jain. ... Plaintiff.
Versus
Pawan Kumar
S/o Sh. Surat Singh
R/o H.No. 37-E, Room No. 40,
Noble Enclave, Gurgaon,
Haryana 12100
Also At:
M/s MEP Infrastructure Developers Ltd.
Malhan construction, Sec.B-1,
Near Fortis Hospital, Vasant Kunj,
Delhi-110070. ... Defendant
Date of filing : 22.03.2021
Date of Institution : 25.03.2021
Date of pronouncing judgment : 06.10.2022
SUIT FOR RECOVERY OF RS.2,50,709/-.
JUDGMENT
Vide this judgment, I shall dispose of the present suit filed CS No.846/21 ICICI Bank Ltd. Vs. Pawan Kumar Judgment dated 06.10.2022 Page no. 1 of 5 by the plaintiff bank for recovery of Rs.2,50,709/- alongwith interest. The brief facts of the present case are as follows:-
1. The plaintiff is Banking Company within the meaning of Banking Regulation Act and is inter alia engaged in the business of banking, financing and providing loan facilities to its customers under various schemes such as personal loan, auto loan etc.
2. The present case was filed by the plaintiff bank through its AR Sh. Pankaj Jain. The defendant had approached the plaintiff bank to avail loan under Personal Loan Scheme. On representation and assurance of the defendant that he is financially sound, plaintiff bank agreed to grant the loan. A total amount of Rs.2,53,900/-
was sanctioned and was disbursed to the defendant, vide loan agreement number LPGUR00039095774 which was to be repaid in 41 equal monthly installments of Rs.8,746/- each.
3. However, the defendant failed to adhere to the financial discipline and defaulted in making several payments despite several reminders.
4. The plaintiff bank served a demand notice with regard to non payment on the defendant on 23.10.2020. As per the plaint, defendant is liable to pay Rs.2,50,709/- as on 20.02.2021. Thus, the present suit is filed by the CS No.846/21 ICICI Bank Ltd. Vs. Pawan Kumar Judgment dated 06.10.2022 Page no. 2 of 5 plaintiff against the defendant seeking a decree of Rs.2,50,709/- alongwith pendente-lite and future interest @ 24% p.a. from the date of filing of the suit till the realization of the decreetal amount.
5. Summons issued to the defendant were received back served. Defendant was given the liberty to file written statement. However, none appeared on behalf of the defendant and neither any W/S was filed on behalf of defendant. Accordingly, the defendant was proceeded ex- parte vide order dated 26.05.2022.
6. In his ex-parte evidence, the plaintiff examined Sh.Pankaj Jain, AR of the plaintiff bank as PW-1, who tendered his evidence by way of affidavit Ex. PW1/A and relied upon the following documents:-
1. Copy of Power of attorney in favour of deponent is Ex. PW-1/1 (OSR).
2. preliminary Credit Facility Application Form is Ex. PW- 1/2.
3. Credit Facility application form is Ex. PW-1/3.
4. The disbursement Memo is Ex. PW-1/4.
5. The statement of acounts dated 20.02.2021 is Ex. PW- 1/5 (Colly).
6. Certificate U/S 65B of the Indian Evidence Act, is Ex. PW-1/6.
7. Certificate U/s 2A of the Banker's Books of Evidencne Act, 1891 is Ex. PW-1/7.
8. The notice dated 23.10.2020 is Ex. PW-1/8 and postal CS No.846/21 ICICI Bank Ltd. Vs. Pawan Kumar Judgment dated 06.10.2022 Page no. 3 of 5 receipt is marked as Mark - X.
7. PW-1 was not cross examined by the defendant. At the stage of final arguments also, no one turned up on behalf of defendant.
8. The evidence of PW-1 stands unrebutted and unchallenged. In view of the unchallenged testimony of PW-1 and on the basis of material on record it may be said that the plaintiff bank has been able to prove its case on the basis of preponderance of probabilities.
9. Plaintiff has prayed for interest @ 24% p.a. which seems to be exorbitant. In the given facts and circumstances, court is only inclined to award pendente- lite and future interest @ 6% p.a.
10. In view of the discussion above, the present suit is hereby decreed in favour of the plaintiff bank and against the defendant. The plaintiff bank is entitled to a decree for a sum of Rs.2,50,709/- alongwith pendentelite and future interest @ 6% p.a. from the date of filing of the suit till realization of the decreetal amount.
11. Cost of the suit be also awarded in favour of plaintiff bank.
12. With these observations, the present suit is disposed of. Decree sheet be prepared accordingly. CS No.846/21 ICICI Bank Ltd. Vs. Pawan Kumar Judgment dated 06.10.2022 Page no. 4 of 5
13. File be consigned to Record Room after due Digitally compliance. signed by DEEKSHA DEEKSHA RAO RAO Date:
2022.10.06 16:58:08 +0530 (Deeksha Rao) CJ-04, Central,THC/Delhi Announced in the open Court on this 6th day of October 2022 This judgment consists of 5 signed pages.CS No.846/21
ICICI Bank Ltd. Vs. Pawan Kumar Judgment dated 06.10.2022 Page no. 5 of 5