Delhi District Court
Union Bank Of India vs Shambhu Sabran on 20 January, 2025
IN THE COURT OF SHRI PANKAJ GUPTA:
DISTRICT JUDGE, (COMMERCIAL COURT)-01,
DWARKA COURTS (S/W): DELHI.
CS (COMM) NO. 450-2024
ID No. DLSW01-008677-2024
IN THE MATTER OF:
Union Bank of India,
Office at:
J-129, Main Road, Vikaspuri,
Delhi-110018.
Head office at:
239, Vidhan Bhawan Marg, Nariman Point,
Mumbai-400021.
Mobile No. 9452369999
email ID No. [email protected]
...........PLAINTIFF
Versus
Shambhu Sabran,
S/o Sh. Chaneshwar Sabran,
R/o House No. 22, Ground Floor,
Block-G, Pocket-17, Sector-15,
Rohini, Delhi-110085.
Also at:
House No. 68, Pocket-1,
Sector-24, Rohini,
New Delhi.
Also at:-
M/s Highland International,
1st Floor, 36 Block-1, Sector-7,
Rohini, Delhi-110085.
...........DEFENDANT
Date of Institution : 09.09.2024
Date when the case reserved
for Judgment : 20.01.2025
Date of Judgment : 20.01.2025
Union Bank of India Vs. Shambhu Sabran Page No. 1 of 5
CS (Comm) No. 450/2024
JUDGMENT
1. The plaintiff filed the present suit for recovery of Rs. 19,14,903/- along with interest @ 11.5% per annum from the date of filing of the suit till realization on the money.
2. In the plaint, it is stated that the plaintiff is constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970. Sh. Manoj Kumar Singh, Branch Head is authorized to sign, verify and institute the present suit on behalf of the plaintiff. It is also stated that in the year 2022, the defendant approached the plaintiff for financial assistance under Union Miles Scheme for vehicle loan of Rs. 17,00,000/- to purchase brand new Mahindra Thar LX Diesel AT (the vehicle). The plaintiff agreed and sanctioned the vehicle loan on 11.11.2022 which was repayable in 84 EMIs of Rs. 26,879/- commencing from 11.12.2022. The defendant executed the requisite loan documents in favour of the plaintiff. However, the defendant failed to adhere to the terms and conditions of the loan. Consequently, the loan account became irregular and the defendant failed to regularize the said account. Hence, the said loan account was classified as "Non Performing Asset" (NPA) on 14.03.2023. The defendant failed to pay the outstanding amount despite receipt of legal notice dated 22.03.2023. Hence, the present suit.
3. Notice of the suit was served upon the defendant. However, the defendant did not file the written statement (WS) despite given several opportunity. Hence, the right to file the WS was closed.
Union Bank of India Vs. Shambhu Sabran Page No. 2 of 5 CS (Comm) No. 450/2024
4. The plaintiff examined its authorized representative Sh. Manoj Kumar Singh as PW-1 and his affidavit in evidence is Ex.PW1/A. He relied upon the following documents:
1. RBI notification dated 28.03.2020 Ex.PW1/1.
2. Power of attorney Ex.PW1/2 (OSR).
3. Duly filled loan application form and ID/ address proof of the defendant Ex.PW1/3 (Colly).
4. Duly acknowledged sanction letter dated 11.11.2022 Ex.PW1/4.
5. Hypothecation of vehicles agreement (SD-10) dated 14.11.2022 Ex.PW1/5.
6. Demand promissory note (EBLR Linked) SD-21 B(EBLR) dated 14..11.2022 Ex.PW1/6.
7. Letter of continuity (AD-9(M)) dated 14.11.2022 Ex.PW1/7.
8. Letter of general lien & set off (AD-02 A) dated 14..11.2022 Ex.PW1/8.
9. Letter of undertaking form borrower dated 14.11.2022 Ex.PW1/9.
10. Demand notice sent by the counsel of the plaintiff bank Ex.PW1/10.
11. Duly certified statement of account alongwith certificate under Section 2A of Banker's Book Evidence Act read with Section 63(4) ( C) of the Indian Evidence Act Ex.PW1/11 (Colly).
12. Non starter report was issued by the SWDLSA, South West District, Dwarka Courts, New Delhi to the plaintiff on 27.09.2023 Ex.PW1/12.
5. I have heard counsel for the plaintiff and have perused the material available on record.
Union Bank of India Vs. Shambhu Sabran Page No. 3 of 5 CS (Comm) No. 450/2024
6. PW1 in his examination-in-chief through affidavit Ex.PW1/A has deposed the facts as narrated in the plaint mentioned above. He proved the loan documents perusal of which reveals that the defendant applied for the vehicle loan of Rs. 17,00,000/- and the same was sanctioned by the plaintiff in his favour. Statement of account Ex.PW1/11 mentions the amount paid by and outstanding against the defendant which he failed to pay to the plaintiff. There is no cross-examination of PW1. As such, the testimony of PW-1 and the documents proved by him remained unrebutted.
7. As mentioned above, the right of the defendant to file the WS was closed. Hence, there was no occasion to lead the defendant's evidence.
8. In view of the foregoing discussions, the plaintiff is held entitled to a decree of Rs. 19,14,903/-.
9. The rate of interest @ 11.5% per annum is on higher side. In the circumstances of the case, a justifiable rate of interest is awarded to the plaintiff @ 6% per annum on Rs. 19,14,903/- for pendent elite and future period till realization.
10. In view of the foregoing discussions, the suit of the plaintiff is allowed. The plaintiff is held entitled to decree of Rs. 19,14,903/- along with interest @ 6% per annum from the date of institution of the suit till the realization of the amount against the defendant. Cost of the suit is awarded to the plaintiff. Decree sheet Union Bank of India Vs. Shambhu Sabran Page No. 4 of 5 CS (Comm) No. 450/2024 be prepared accordingly.
11. File be consigned to the record room.
Digitally ANNOUNCED IN THE OPEN COURT, Pankaj signed by Pankaj Gupta On this 20th day of January, 2025.
Date:
Gupta 2025.01.20 14:45:29 +0530 (PANKAJ GUPTA) District Judge, (Commercial Court)-01 South West District, Dwarka Courts New Delhi Union Bank of India Vs. Shambhu Sabran Page No. 5 of 5 CS (Comm) No. 450/2024