Delhi District Court
State Bank Of India vs Sh. Prem Kumar on 21 February, 2007
1 In the court of Sh. Parveen Singh: Civil Judge: Tis Hazari Courts: Delhi.
Suit no. 215/6 In the matter of:
State Bank of India Raghubir Nagar Branch, New Delhi. ....Plaintiff.
Versus Sh. Prem Kumar C-2/252, Janak Puri, New Delhi-110058. Also at:
C/o AIR Sahara, IGI Airport, Palam New Delhi. ......Defendant.
Suit for recovery.
Date of institution: 23.12.2004.
Date of decision: 21.02.2007. Judgment (Ex-parte) 1 The present suit for recovery of Rs. 1,07,943/- has been filed by the plaintiff bank through Sh. R.C. Suri its constituted attorney. 2 The case of the plaintiff is that defendant approached
the plaintiff bank for grant of loan facility under personal loan scheme. On 08.1.2002 plaintiff bank agreed to grant financial accommodation under the aforesaid scheme to the defendant to 2 the tune of Rs. 1,00,000/-. In consideration of the loan amount, defendants executed various documents i.e. Arrangement letter, personal loan agreement, Document in bank form Annexure V all dated 08.1.2002.
3 It is further the case of the plaintiff that the defendant availed the said loan facility but, failed to carry out the terms and conditions of the agreement. As on 30.11.2004, a sum of Rs.
1,07,943/- is outstanding against the defendant. Despite repeated requests, the defendant did not make the payment of loan amount. Finally, a legal notice dated 08.12.2004 was served upon the defendant but, the defendant neither replied nor complied the same. Hence, the present suit.
4 The defendant was served with summons through publication for 28.8.2006 and on his failure to appear he was proceeded Ex-parte.
5 Thereafter, plaintiff led its ex-parte evidence and examined Sh. Ms. Varsha Chopra as PW-1. The witness deposed in terms of plaint and proved the copy of Gazette vide Ex. PW1/1, application form vide Ex. PW1/2, arrangement letter vide Ex. PW- 1/3, Personal loan agreement vide Ex. PW-1/4, document in bank form annexure V vide Ex. PW-1/5, legal notice vide Ex. PW-1/6, certified copy of statement of account vide Ex. PW-1/7.
6 I have heard the Ld. Counsel of plaintiff, perused the record very carefully. The evidence of the plaintiff has gone unrebutted and, I have no reasons to disbelieve the same. Suit of the plaintiff is accordingly decreed against the defendant for an amount of Rs. 1,07,943/- along with interest @ 9% per annum from the date of filing of the suit till the realization of the decreetal amount. Costs of the suit are also awarded in favour of the plaintiff. Decree sheet be prepared accordingly. File be consigned to 3 Record Room.
Announced in the open (Parveen Singh) Court on 21.02.2007 Civil Judge/Delhi.
This judgment contains 2 pages and each page bears my signatures.