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Delhi District Court

Bank Of Baroda vs Baljinder Singh on 3 April, 2025

            IN THE COURT OF MS. ALKA SINGH,
     COMMERCIAL CIVIL JUDGE, WEST DISTRICT, TIS HAZARI
                     COURTS, DELHI.

DLWT030002932021




CS No. 155/2021

BANK OF BARODA (E-DENA BANK)
Through its Branch Manager Rashmi Joshi,
Having one of its Branch offices situated at
Rajouri Garden, New Delhi-27.                              ......... Plaintiff


                          VERSUS


1.     SH. BALJINDER SINGH
       11/37, 2nd Floor Back Side,
       Subhash Nagar, Delhi-27

2.     SH. TEKVINDER SINGH
       K-45, Second Floor,
       New Govindpuri Extension,
       Chander Nagar,
       Delhi-51.                                           ..... Defendant



CS No. 155/2021       Bank of Baroda Vs. Baljinder Singh & Anr.                  Page 1 / 5
 Date of Filing    : 22.01.2021
Date of Judgment : 03.04.2025

                                  JUDGMENT

1. Present suit has been filed by the plaintiff for recovery of Rs. 2,81,046.32/- (Rupees Two Lakh Eighty One Thousand and Forty Six and Thirty Two Paisa Only) against the defendants alongwith pendente lite and future interest and cost of the suit. Briefly stated the facts of the case are as under:-

2. Version of the plaintiff is that the plaintiff Bank is a Corporate Body constituted under the RBI Act, 1949 having its Head Office at Alkapuri, Vadodara (Gujarat) and one of its branch at Rajouri Garden, New Delhi.

3. That the defendant no. 1, Sh. Baljinder Singh was desirous of purchasing a new car XUV-500, however, since he was short of funds, he approached predecessor-in-interest of the plaintiff and sought motor vehicle loan of Rs. 4.5 Lakh from the predecessor-in-interest of plaintiff and accordingly, loan of Rs. 4.5 Lakh was sanctioned to the defendant no. 1. That the aforesaid facility was granted at the interest of 10.55% with monthly rests and repayable in 36 equated monthly installments of Rs. 14,936/- starting from 14.11.2016. That defendant no. 2, Sh. Tekvinder Singh, stood as guarantor for the defendant no. 1, and executed a unconditional guarantee dated 14.10.2016 in favour of the applicant bank CS No. 155/2021 Bank of Baroda Vs. Baljinder Singh & Anr. Page 2 / 5 and that the defendant no. 2 also executed a letter of General Lien and set off dated 14.10.2016. That the defendant no. 1, since inception, had been lackadaisical in paying up his monthly dues towards the loan account. That since the defendant had not been repaying the EMI on the due dates; the plaintiff was constrained to classify his account as NPA on 26.03.2018, as per the guidelines laid down by the RBI. Hence, the defendant is liable to pay Rs. 2,81,046.32 to the plaintiff bank alongwith all costs, charges and expenses etc.

4. Lastly, it is prayed that a decree for the recovery of Rs. 2,81,046.32/- (Rupees Two Lakh Eighty One Thousand and Forty Six and Thirty Two Paisa Only) be passed in favour of the Plaintiff bank and against the Defendants alongwith pendente lite and future interest and cost.

5. Record reveals that both the defendants were served through publication on 26.09.2023. However, despite opportunity given, neither the defendants appeared nor any W.S. was filed on their behalf and vide order dated 05.02.2024, the right of the defendants to file W.S. was closed and accordingly, they were proceeded ex-parte and the plaintiff was given liberty to lead ex-parte Plaintiff Evidence. Accordingly, the plaintiff examined Sh. Varun Deep Singh, Sr. Branch Manager as PW-1 by way of affidavit Ex. PW-1/A. In such evidence, he reiterated and reaffirmed the stand taken in original plaint. Further, he placed on record various documents i.e. Authorization Letter in his favour as Ex. PW-1/1, Merger Notification dated CS No. 155/2021 Bank of Baroda Vs. Baljinder Singh & Anr. Page 3 / 5 20.02.2019 as Ex. PW-1/2, Sanction letter as Ex. PW-1/3 (OSR), Agreement of Hypothecation as Ex. PW-1/4 (OSR), Copy of Letter of General Lein and Set off From Borrower dated 14.10.2016 as Ex. PW-1/5 (OSR), Copy of Letter of Guarantee as Ex. PW-1/6 (OSR), Copy of Letter of General Lein and Set off From Guarantor dated 14.10.2016 as Ex. PW-1/7 (OSR), Statement of account qua the defendant as Ex. PW-1/8, Certificate U/Sec. 2(8) r/w Sec. 2(A) of Banker's Book Evidence Act 1891 as Ex. PW-1/9.

6. I have heard the arguments and gone through the entire record meticulously.

7. Record reveals that vide order dated 05.02.2024, the right of the defendants no. 1 & 2 to file W.S. was closed and accordingly, they were proceeded ex-parte. As a result of which, the averments made by the plaintiff and evidence led by plaintiff remained unrebutted and unchallenged. This Court has no reason to disbelieve the averments of plaint in such a situation. As such, as per the unrebutted evidence of PW-1 and documents on record, it is proved that the plaintiff has been able to prove his case against the defendants no. 1 & 2 and the defendant no. 1 & 2 are jointly and severally liable to pay the amount of Rs. 2,81,046.32/- (Rupees Two Lakh Eighty One Thousand and Forty Six and Thirty Two Paisa Only) to the plaintiff. Furthermore, present case has been filed within the period of limitation and this Court has the jurisdiction to deal with present suit.

RELIEF:-

8. In the light of the above discussions and findings, the present suit is decreed in favour of the plaintiff and against the defendant nos. 1 & 2 for a sum of Rs. 2,81,046.32/- (Rupees Two Lakh Eighty One Thousand and Forty Six and Thirty Two Paisa Only). So far as interest is concerned, in my view, ends of justice would be met, if interest at the rate of 9% per annum from the date of filing of the suit till realisation of the suit amount is decreed in favour of the plaintiff and against the defendants. Accordingly, plaintiff is entitled to interest at the rate of 9% per annum only from the date of filing of the suit till realisation of the suit amount. Further, plaintiff is also entitled to the cost of the same. Decree sheet shall be prepared accordingly.

9. File be consigned to Record Room after due compliance.

Pronounced in open Court, on this Day of 3rd April, 2025 This judgment consists of 5 signed pages. Digitally signed by ALKA ALKA Date:

SINGH SINGH 2025.04.03 16:48:49 +0530 (ALKA SINGH) Commercial Civil Judge West District, THC, Delhi.