Delhi District Court
State Bank Of India vs Sudhakar Ram on 17 May, 2025
IN THE COURT OF SH. KISHOR KUMAR, DISTRICT
JUDGE-04 (NORTH), ROHINI COURTS, DELHI
CS DJ 81/2018
CNR No. DLNT01-000817-2018
State Bank of India,
A-5, Pearl Best Height-1,
Netaji Subhash Palace, New Delhi
......Plaintiff
Versus
Mr. Sudhakar Ram
S/o Sh. Ram Murat Ram
C/o G-194 CRPF,
CT GD, Force No.035024706
Bawana, Delhi-110039
Also At: C/o Officer Commanding,
G-194 CRPF, Bawana, Delhi-110039
Also At: Vill. Musawa, PO Haraora,
Tehsil Mehnagar, PS Tarwan,
Distt. Azamgarh, U.P.- 276126
......Defendant
Date of institution : 06.02.2018
Final Arguments heard : 17.05.2025
Date of order : 17.05.2025
SUIT FOR RECOVERY
EX-PARTE JUDGMENT
1.The plaintiff has filed the present suit under Order XXXVII CPC for recovery of Rs.3,49,627/- along with pendente CS DJ 81/18 SBI vs. Sudhakar Ram Page no. 1 Of 6 lite and future interest @ 9.85% per annum. However, vide order dated 22.01.2019, on the statement made by Ld. Counsel for plaintiff, present suit was converted into ordinary recovery suit.
2. In brief, facts of the case are that the defendant had approached the plaintiff at its Pooth Khurd Branch, Delhi for personal loan under SBI Personal Loan Scheme. The plaintiff after processing the criteria sanctioned and disbursed the defendant a sum of Rs.3,50,000/- on 15.03.2014. It is further stated that defendant had executed various security documents and had also given certain supporting documents. The defendant had agreed to pay interest on the outstanding loan amount at the rate of 15% PA and further agreed to repay the loan amount in 60 EMI of Rs.8,327/- each. A Term Loan Account No.33776329040 was opened with the plaintiff bank, however, defendant committed defaults in repayment of loan amount and did not adhere with payment schedule. Consequently, plaintiff declared the said account as NPA on 13.04.2016.
3. It is further stated that one legal notice dated 05.01.2018 was served on the defendant, but the defendant failed to evoke any response. The books of account reflect a debit balance of Rs.2,58,233/- as on date exclusive of interest and expense, however, defendant failed and neglected to pay the same. It is further stated that defendant is liable to pay a sum of Rs.2,58,233/- along with interest up to 20.01.2018 i.e. CS DJ 81/18 SBI vs. Sudhakar Ram Page no. 2 Of 6 Rs.91,934/- thereby totalling a sum of Rs.3,49,627/-. Hence, the present suit.
4. The defendant in the present case could not be served by ordinary process. Thereafter on an application moved on behalf of the plaintiff under Order V Rule 20 CPC, defendant was ordered to be served by way of publication. Accordingly, defendant was served by way of publication on 22.08.2023 in the newspaper 'Veer Arjun'. However, despite service defendant failed to appear before the Court and accordingly vide order dated 05.03.2024, the defendant was proceeded ex-parte.
5. In ex parte evidence, plaintiff examined Sh. Sudhanshu Ranjan as PW-1 who tendered his evidence by way of affidavit Ex. PW1/1 and relied upon the following documents :
1. Copy of Power of attorney/Gazette notification which is Ex. PW-1/A. The same is de-exhibited and now marked as Mark 'A';
2. Original loan application and proposal forms etc. which is Ex. PW-1/B (colly.);
3. Original documetns qua intended loan which is Ex. PW-1/C (colly.);
4. Original arrangement letter which is Ex. PW-1/D (colly.);
5. Original agreement of personal loan which is Ex. PW-1/E;
6. Copy of annexure 'I' which is Ex. PW-1/F. The same is de-
exhibited and now marked as Mark 'B';
CS DJ 81/18 SBI vs. Sudhakar Ram Page no. 3 Of 6
7. Original operation letter is Ex. PW-1/G;
8. Original other related documents i.e. final reminder:repayment of personal loan etc. which is Ex. PW-1/I;
9. Legal notice dt 05.01.2018 alongwith postal receipt which is Ex. PW-1/J (colly);
10. Computerized copy with stamp loan account statement defendant is Ex. PW-1/K (colly.);
11. Certificate under Section 2-A of bankers book of evidence Act as well as under Section 65-B of Evidence Act which is Ex. PW-1/L;
12. Certificate of accrued interest which is Ex. PW-1/M.
6. I have carefully gone through entire material available on record and heard the submissions of Ld. Counsel for the plaintiff.
7. PW1 Sh. Sudhanshu Ranjan has categorically deposed about the taking of loan by the defendant, execution of documents of loan by the defendant as well as the default committed by the defendant in not paying the due amount. PW1 has also proved various documents pertaining to the loan taken by the defendant as well as the demand raised on behalf of the plaintiff.
8. In C.S. Rowjee v. State of Andhra Pradesh, 1964 AIR 962 it was held by the Apex Court that facts in the affidavit uncontroverted by opposite party can be deemed as admitted by CS DJ 81/18 SBI vs. Sudhakar Ram Page no. 4 Of 6 the other side. Further, in Sushma Berlia & Ors. vs Kamal Kumar & Ors., 2014 SCC OnLine Del it was observed by Hon'ble Delhi High Court that Testimony of PW-1 (Bharat Bhushan) has remained unchallenged and unrebutted. Adverse inference is to be drawn against the defendants for not contesting the suit on adjourned date and remaining ex- parte. There are no sound reasons to disbelieve the positive uncontroverted testimony of PW-1.
9. Since, the defendant has chosen not to appear and challenge the suit of the plaintiff, the evidence led by the plaintiff has remained unchallenged, uncontroverted and unrebutted. As there is nothing on record to the contrary to the facts stated in the plaint as well as to all the documentary evidence placed on record which are duly proved by the plaintiff, therefore, there is no reason to disbelieve the facts stated in the plaint and evidence led on behalf of the plaintiff.
10. In view of the above unchallenged and unrebutted testimony of PW1, a decree for a sum of Rs.3,49,627/- together with pendente-lite and future interest @ 6 % p.a. from the date of filing of suit till its realization, is hereby passed in favour of the plaintiff and against the defendant.
CS DJ 81/18 SBI vs. Sudhakar Ram Page no. 5 Of 6
11. Cost of the suit is also awarded in favour of Plaintiff.
12. Decree Sheet be prepared accordingly.
13. File be consigned to record room after due compliance.
Digitally signed by KISHOR KISHOR KUMAR
Announced in open Court KUMAR Date:
2025.05.17
On 17.05.2025 16:33:38 +0530
(Kishor Kumar)
DJ-04, North, Rohini Courts,
Delhi/17.05.2025
CS DJ 81/18 SBI vs. Sudhakar Ram Page no. 6 Of 6