Bangalore District Court
) Housing Development Finance vs ) Mr.S.Pradeep Kumar Sekar (Borrower) on 24 September, 2021
IN THE COURT OF LXXXIX ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU. (CCH-90)
Present: Sri.S.J.Krishna, B.Sc., LL.B.,
LXXXIX Addl.City Civil &
Sessions Judge, Bengaluru.
Dated: 24th September 2021
Com.O.S.No.9180/2018
PLAINTIFF : 1) Housing Development Finance
Corporation Ltd., (HDFC Ltd.,)
House No.51, Kasturba Road,
Bengaluru-560 001.
Represented by its Power of Attorney
Holder/ Asst.Manager - Credit Risk
Management-Legal
Sri.Shidhar Chinni.
S/o Sri.Chinni Venkataramana,
Aged about 26 years,
E-mail:[email protected]
Mob No.7795853045
(By Sri.Shivashankar.A-Advocate
-Vs-
DEFENDANT : 1) Mr.S.Pradeep Kumar Sekar (Borrower),
S/o Ramchandran Sekar,
Aged about 37 years,
R/at No.1201C, 12th Floor, Juniper Black,
Salarpuria Greenage Apartment, Hosur
Road, Bommanahalli, Bengaluru-560 068.
(By Sri.K.S.Kalleshappa-Advocate)
2) M/s.Sri Nandi Green Solar (Co-borrower)
No.713, 6th 'B' Cross, Koramangala,
Near BDA Complex, Bengaluru-560 076.
(Exparte)
/2/
Com.O.S.No.9180/2018
3) Mr.Gulsheer (Land Owner)
W/o Shoaib Ul Huq,
Aged about 47 years, No.14, Beverly,
Lalbagh Road, Bengaluru-560 027.
(Exparte)
4) Mrs.Sabina (Land Owner)
W/o Mohammed Ismail Sait,
Aged about 45 years,
No.401/3, 14th Cross, 13th Main,
Lakkasandra, Bengaluru-560 0030.
(Exparte)
5) M/s.J.M.Associates (Builder/Developer)
Partnership Firm,
R/at N o.9/10, Ground Floor,
Prestige Towers, Residency Road,
Bengaluru-560 025.
Rep. By its Partner
Mr.Mohammed Meraj.
(Exparte)
Date of Institution of : 18.12.2018
suit
Nature of suit : Money Suit
(suit on pronote, suit
for declaration and
possession suit for
injunction, etc.,)
Date of : 30.08.2021
commencement of
recording of evidence
Date of judgment : 24.09.2021
/3/
Com.O.S.No.9180/2018
Total duration : Year/s Month/s Day/s
2 9 6
(S.J.KRISHNA)
LXXXIX ADDL.CITY CIVIL &
SESSIONS JUDGE, BENGALURU.
(CCH-90)
JUDGMENT
The plaintiff has filed this suit for a judgment and decree against the defendants for recovery of ₹.3,05,33,243/- together with Court cost, fees and current interest from the date of suit till the date of realisation along with agreed variable rate of interest as per the loan agreement at 9.60%p.a. along with 18% p.a. additional interest and incidental charges; a sum of ₹.5,000/- to the plaintiff towards typing and copying charges; and also permit the Plaintiff Company to sell the schedule B & C property and to adjust the sale proceedings amount towards the outstanding loan amount payable by the defendants; and a personal decree against the defendants/their assets for any or all short falls and such other reliefs.
/4/ Com.O.S.No.9180/2018 The summary of the case of the plaintiff is as follows:
2. The Plaintiff is a company incorporated under the provisions of the Companies Act, 1956 governed by National Housing Bank, a subsidiary of Reserve Bank of India for its various commercial transactions inter alia for its housing loan, term loan etc., The defendant No.1 & 2 are borrower and co-
borrower respectively. The defendant No.3 and 4 are the land owners and defendant No.5 is a builder of the entire land on which the apartments has been constructed as per schedule A property of the plaint.
3. On 31.01.2016 the Plaintiff Company has sanctioned housing loan of ₹.3,58,00,000/- out of which ₹.2,75,00,000/- was disbursed to defendant No.1 and 2 under loan account No.617196407 on security of schedule B & C property mentioned in the loan agreement and executed on demand promissory note dated 31.01.2016 in favor of the Plaintiff Company for the said sanctioned loan of ₹.3,58,00,000/-. The defendants have promised to repay the said loan together with interest at 9.55% p.a. with a variable rate basis interest.
4. As per the terms and conditions of the said loan borrowed by the defendants No.1 and 2 they are required to pay pre-EMI interest every month for the disbursed loan till the /5/ Com.O.S.No.9180/2018 EMI starts. The defendant No.1 and 2 have to clear the loan amount in 180 equal monthly installments of ₹.3,74,914/- as per the loan agreement. If the defendant 1 & 2 failed to pay and clear the loan amount as agreed upon they are liable to pay overdue interest at 18% p.a. and simple interest and incidental charges as per the loan agreement in addition to the said agreed rate of interest.
5. The defendant No.3 & 4 are the landlords/vendors and the defendant No.5 is the developer and as well as Power of Attorney holder of defendant No.3 & 4 who sold the property to the defendant No.1 & 2. The disbursement amount of ₹.2,75,00,000/- was received by defendant No.5 upon specific authorization given by them. The said amount of ₹.2,75,00,000/- was disbursed to the 5th defendant as under:
Amount Sl.No. Cheque.No. Date (in ₹.)
1) 180285 31.01.2016 68,75,000-00
2) 180286 31.01.2016 68,75,000-00
3) 180287 31.01.2016 68,75,000-00
4) 180288 31.01.2016 68,75,000-00
6. All cheques are drawn on HDFC Bank and paid to the account of defendant No.5 bg.No.914020047219135. Hence, the defendant No.3 to 5 are also liable to pay the dues to the Plaintiff Company.
/6/ Com.O.S.No.9180/2018
7. The said housing loan was disbursed to the defendant No.1 & 2 for the purchase of Flat No.B3, 3 rd Floor, Project name is 'NYDUS' being built in schedule A property and measuring 2,450 sq.ft of super built up area together with undivided share, right , title and interest in the land measuring 171 sq.ft out of A schedule property with covered car parking in basement floor situated at Richmond Town, Bengaluru.
8. The defendant No.1 has deposited the original Agreement for Sale dated 22.01.2016 and Construction Agreement dated 22.01.2016 entered into among defendant No.3 & 4 and defendant No.5. The defendant No.1 and 2 have also executed a Memorandum of Deposit of title deeds dated 31.01.2016 in this regard. The defendant No.1 & 2 failed to pay and clear the said loan borrowed by them. They have made part payment towards discharge of said loan they are liable to pay outstanding amount along with overdue interest @ 18% p.a. and incidental charges in addition to the said agreed interest.
9. The defendants No.1 & 2 have failed to pay loan amount regularly and as per pre-EMI and EMI as agreed upon by them. They have made only part payment. Hence, the Plaintiff Company has issued a legal notice dated 14.11.2018 to the defendants recalling the entire loan and to pay /7/ Com.O.S.No.9180/2018 outstanding due within seven days from the date of said notice. In spite of issuance of the said notice, the defendants have failed to pay and clear the said loan.
10. In spite of repeated requests and demands made by the Plaintiff Company, the defendants have failed to pay the total sum of ₹.3,05,33,243/- with variable interest @ 9.60% p.a. and with additional interest @ 18% p.a. and other incidental charges.
11. As per Article 7 of the Loan Agreement, the Plaintiff Company is entitled to declare the principal and all accrued interest on the loan that may be payable by the defendants under or in terms of loan agreement and as per other documents subsisting between defendants and plaintiff as well as other charges and dues to be due and upon such declaration, the same shall become due payable forthwith. Hence, Plaintiff Company has filed this suit.
12. After the service of the summons and paper publication as per Ex.P.13 & P.14, the defendants No.2 to 5 remained absent and are placed exparte. The defendant No.1 entered his appearance through his advocate and has not filed any written statement.
/8/ Com.O.S.No.9180/2018
13. Sri.Shridhar Chinni-The Power of Attorney holder of the Plaintiff Company has adduced his evidence as PW.1. PW.1 has exhibited Ex.P.1 to P.1 4 and the plaintiff closed his evidence.
14. After the conclusion of trial, I have heard the arguments addressed by learned advocate for the plaintiff. I have gone through the materials available on record.
15. The following points arise for my determination:
(1). Whether the plaintiff company is entitled to recover ₹.3,05,33,243/- with current interest of 9.60% p.a. from the defendants?
(2). Whether the plaintiff company is entitled to recover outstanding dues together with additional interest @ 18% p.a. from the defendants?
(3). Whether the Plaintiff Company is entitled to sell B & C schedule properties and adjust the sale proceeds towards the outstanding loan amount payable by the defendants?
(4). What Order or Decree ?
16. My findings on the above points are as follows:-
Point No. 1: Partly Affirmative Point No.2 : In the Negative Point No.3 : In the Negative Point No.4 : As per final orders for the following reasons.
/9/ Com.O.S.No.9180/2018 REASONS
17. Point No.1 to 3 : These points are taken together to avoid repetition of facts. The plaintiff has filed this suit for a judgment and decree against the defendants for recovery of ₹.3,05,33,243/- together with Court cost, fees and current interest from the date of suit till the date of realisation along with agreed variable rate of interest as per the loan agreement at 9.60%p.a. along with 18% p.a. additional interest and incidental charges; a sum of ₹.5,000/- to the plaintiff towards typing and copying charges; and also permit the Plaintiff Company to sell the schedule B & C property and to adjust the sale proceedings amount towards the outstanding loan amount payable by the defendants; and a personal decree against the defendants/their assets for any or all short falls and such other reliefs.
18. The plaintiff has examined Sri.Shridhar Chinni as PW.1. PW.1 has reiterated the plaint averments in his affidavit evidence and has exhibited Ex.P.1 to P.14 as under:
Exhibit No. Description of the document P.1 Certified copy of power of attorney issued in favor of PW.1 by the plaintiff P.2 Loan application dated 22.09.2020 submitted by the defendants /10/ Com.O.S.No.9180/2018 P.2(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.2 P.3 Acceptance copy issued by the plaintiff dated 31.01.2016 P.3(a) & Signature of defendant No.1 Sri.S.Pradeep
(b) Kumar Sekar on Ex.P.3 P.4 Promissory note dated 31.01.2016 P.4(a) & Signature of defendant No.1 Sri.S.Pradeep
(b) Kumar Sekar on Ex.P.4 P.5 Home Loan agreement dated 31.01.2016 P.5(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.5 P.6 Agreement to sell dated 22.01.2016 executed between defendant No.1 and JM Associates (defendant No.5) P.6(a) & Signatures of defendant No.1 Sri.S.Pradeep
(b) Kumar Sekar on Ex.P.6 P6(c) Signature of Mr.Mohammed Meraj on Ex.P.6 P.7 Construction agreement dated 22.01.2016 executed between defendant No.1 and defendant No.5.
P.7(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.7 P.7(b) Signature of Mr.Mohammed Meraj on Ex.P.7 P.8 Memorandum of deposit of title deeds dated 31.01.2016 executed by defendant No.1 and defendant No.2.
P.8(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.8 P.9 Office Copy of legal notice dated 14.11.2018 P.9(a) to Postal receipts (5 nos.) /11/ Com.O.S.No.9180/2018
(e) P.10 Undelivered postal cover addressed to defendant No.1.
P.10(a) Ex.P.10 opened in the Court and the notice sent through Ex.P.10 is exhibited P.11 Postal acknowledgment signed on behalf of defendant No.4 P.12 & Loan account extract and certificate 12(a) U/Sec.65B of Evidence Act P.13 Samyukta Karnataka Kannada Daily News paper dated 16.04.2021 P.14 Samyukta Karnataka Kannada Daily News paper dated 10.03.202
19. It is the case of the plaintiff that it is a company incorporated under the provisions of the Companies Act, 1956 governed by National Housing Bank, a subsidiary of Reserve Bank of India for its various commercial transactions inter alia for its housing loan, term loan etc., The defendant No.1 & 2 are borrower and co-borrower respectively as per Ex.P.2 The defendant No.3 and 4 are the land owners and defendant No.5 is a builder of the entire land on which the apartment has been constructed as per schedule A property of the plaint.
20. On 31.01.2016 the Plaintiff Corporation has sanctioned housing loan of ₹.3,58,00,000/- out of which ₹.2,75,00,000/- was disbursed to defendant No.1 and 2 under loan account No.617196407 as per Ex.P.3 on security of /12/ Com.O.S.No.9180/2018 schedule B & C property mentioned in the loan agreement as per Ex.P.5. The defendant No.1 has executed on demand promissory note dated 31.01.2016 in favor of the Plaintiff Corporation for the said sanctioned loan of ₹.3,58,00,000/- as per Ex.P.4. The defendants have promised to repay the said loan together with interest at 9.55% p.a. with a variable rate basis interest.
21. As per the terms and conditions of the said loan borrowed by the defendants No.1 and 2 they are required to pay pre-EMI interest every month for the disbursed loan till the EMI starts. The defendant No.1 and 2 have to clear the loan amount in 180 equal monthly installments of ₹.3,74,914/- as per the loan agreement. If the defendant 1 & 2 failed to pay and clear the loan amount as agreed upon they are liable to pay overdue interest at 18% p.a. and simple interest and incidental charges as per the loan agreement in addition to the said agreed rate of interest.
22. The defendant No.3 & 4 are the landlords/vendors and the defendant No.5 is the developer and as well as Power of Attorney holder of defendant No.3 & 4 who sold the property to the defendant No.1 & 2. The disbursement amount of ₹.2,75,00,000/- was received by defendant No.5 upon specific authorization given by them. The said amount of /13/ Com.O.S.No.9180/2018 ₹.2,75,00,000/- was disbursed to the 5th defendant as under:
Amount Sl.No. Cheque.No. Date (in ₹.)
1) 180285 31.01.2016 68,75,000-00
2) 180286 31.01.2016 68,75,000-00
3) 180287 31.01.2016 68,75,000-00
4) 180288 31.01.2016 68,75,000-00
23. All cheques are drawn on HDFC Bank and paid to the account of defendant No.5 bg.No.914020047219135. Hence, the defendant No.3 to 5 are also liable to pay the dues to the Plaintiff Company.
24. The said housing loan was disbursed to the defendant No.1 & 2 for the purchase of Flat No.B3, 3 rd Floor, Project name is 'NYDUS' being built in schedule A property and measuring 2,450 sq.ft of super built up area together with undivided share, right , title and interest in the land measuring 171 sq.ft out of A schedule property with covered car parking in basement floor situated at Richmond Town, Bengaluru.
25. The defendant No.1 has deposited the original Agreement of Sale dated 22.01.2016/Ex.P.6 and Construction Agreement dated 22.01.2016 as per Ex.P.7 entered into among defendant No.3 & 4 and defendant No.5. The defendant No.1 and 2 have also executed a Memorandum of Deposit of title /14/ Com.O.S.No.9180/2018 deeds dated 31.01.2016 as per Ex.P.8 in this regard. The defendant No.1 & 2 failed to pay and clear the said loan borrowed by them. They have made part payment towards discharge of said loan they are liable to pay outstanding amount along with overdue interest @ 18% p.a. and incidental charges in addition to the interest at the agreed rate.
26. The defendants No.1 & 2 have failed to pay loan amount regularly and as per pre-EMI and EMI as agreed upon by them. They have made only part payment. Hence, the Plaintiff Company has issued a legal notice dated 14.11.2018 as per Ex.P.9 to the defendants recalling the entire loan and to pay outstanding due within seven days from the date of said notice. In spite of issuance of the said notice, the defendants have failed to pay and clear the said loan. The PW.1 has exhibited Ex.P.9(a) and P.9(b).
27. In spite of repeated requests and demands made by the Plaintiff Company, the defendants have failed to pay the total sum of ₹.3,05,33,243/- with variable interest @ 9.60% p.a. and with additional interest @ 18% p.a. and other incidental charges.
28. As per Article 7 of the Loan Agreement, the Plaintiff Company is entitled to declare the principal and all accrued /15/ Com.O.S.No.9180/2018 interest on the loan that may be payable by the defendants under or in terms of loan agreement and as per other documents subsisting between defendants and plaintiff as well as other charges and dues to be due and upon such declaration, the same shall become due payable forthwith.
29. The PW.1 has exhibited Ex.P.12 loan account extract to evidence the liability of the defendants.
30. It appears from the record, the defendant No.1 is the partner of defendant No.2. The defendant No.3 & 4 are the owners of suit schedule property. The defendant No.3 to 5 have entered into an agreement of sale with defendant No.1 in respect of suit B Schedule property. The defendant No.1 and 5 have entered into a construction agreement with respect to C Schedule property. The Plaintiff Corporation has sanctioned housing loan of ₹.3,58,00,000/- to the defendant No.1 & 2 and disbursed ₹.2,75,00,000/- the defendant No.1. As per the terms of the loan, the defendant No.1 has agreed to pay interest at 9.55% on a variable rate basis and has further agreed to repay the loan together with agreed rate of interest in 180 equal monthly installments of ₹.3,74,914/- each. The plaintiff is contending that the defendant No.1 has also agreed to pay additional interest at 18% p.a. on overdue amount. The terms and conditions of suit loan are specified in /16/ Com.O.S.No.9180/2018 loan agreement/Ex.P.5. As per the arrangement made between the plaintiff and defendants, the defendant No.5 has received ₹.2,75,00,000/- on behalf of defendant No.3 & 4 from the Plaintiff Corporation.
31. The plaintiff has stated that the defendant No.1 No.2 has made certain payments and defaulted in repayment of entire outstanding amount. Hence, the Plaintiff Corporation has recalled the loan. They called upon the defendants to pay a sum of ₹.3,03,02,909/- within 7 days from the date of legal notice dated 14.1.2018.
32. From the materials available on record it is evident that the defendants 3 & 4 are the owners and have agreed to sell B schedule property to the plaintiff and defendant No.5 has agreed to construct the house as described in schedule C to the plaint. Though the defendant No.2 & 3 have received ₹.2,75,00,000/- through defendant No.5 from the plaintiff bank the real liability to pay the outstanding loan amount lies on defendant No.1 and 2. The defendant No.3 to 5 cannot be saddled with the liability to repay the loan to the Plaintiff Corporation.
33. The statement of account pertaining to suit loan shows that the defendant No.1 & 2 are liable to pay /17/ Com.O.S.No.9180/2018 ₹.3,05,33,243/- as on the date of suit. The documents available on record shows that the defendant No.1 & 2 have agreed to pay variable interest @ 9.55% and present rate @ 9.60% on overdue amount. The Plaintiff Corporation is claiming additional interest of 18% p.a. over and above the agreed rate of interest. The Court will not interfere with the rate of interest agreed upon by the parties to a loan transaction evidenced by a contract. In this case the Plaintiff Corporation has not furnished any documents to show that the defendants No.1 & 2 have agreed to pay penal interest of 18% p.a. on the outstanding dues. The Plaintiff Corporation has not incorporated anything about the penal interest payable by the defendants No.1 & 2 at 18% p.a. in the loan agreement or has not furnished any subsequent circulars/notifications issued to the borrowers. In these circumstances, the Plaintiff Corporation is not entitled to claim additional interest at 18% on outstanding dues.
34. The Plaintiff Corporation has prayed the Court to pass a decree permitting it to sell schedule B & C property and adjust the sale proceeds towards outstanding loan amount payable by the defendants. The Plaintiff Corporation has exhibited Ex.P.8 Memorandum of Deposit of title deeds. A perusal of Ex.P.8 plaint averments and the affidavit evidence adduced by PW.1 show that the defendant No.1 & 2 have deposited.
/18/ Com.O.S.No.9180/2018
1. Sale and construction agreement dated 22.01.2016.
2. NDC dated 21.01.2016.
3. Own contribution receipts.
4. Tripartite agreement dated 23.01.2016.
35. It is evident that the defendant No.1 & 2 have borrowed loan to purchase suit schedule B property and entered in to an agreement with defendant No.5 a construct a property as suit C schedule. The plaintiff has not furnished any sale deed standing in the name of defendant No.1 or 2 in respect of plaint B & C property. The documents that are deposited by defendant No.1 and 2 are not the documents of title. When the defendant No.1 himself has not acquired title in respect of suit B and C schedule property, the question of offering the property as security for repayment of loan does not arise at all. The Plaintiff Corporation in this suit cannot seek sale of B & C schedule property on the strength of Ex.P.8. The Plaintiff Corporation has not furnished any materials to show that the defendant No.1 and 2 have purchased suit B Schedule property and defendant No.5 has constructed and delivered the building over A schedule property. In these circumstance, the Plaintiff Corporation is not entitled to seek sale of plaint B & C schedule property.
/19/ Com.O.S.No.9180/2018
36. The defendant No.1 & 2 being borrower and co- borrower are liable to pay a sum of ₹.3,05,33,243/- together with interest at 9.60% p.a. compounded monthly to the Plaintiff Corporation. The suit against defendant No.3 to 5 is not maintainable as they have not borrowed any amount from the Plaintiff Corporation. Just because the defendant No.3 & 4 have received loan proceeds of ₹.2,75,00,000/- through defendant No.5 they cannot be held responsible for the clearance of loan amount. The suit is well within the period of limitation. The Plaintiff Corporation is entitled for recovery of notice charges of ₹.5,000/- as per Order XX-A of CPC. The Plaintiff Corporation is entitled for suit relief partially against defendant No.1 and 2 alone and the suit against defendant No.3 to 5 deserved to be dismissed. Accordingly, I answer Point No.1 to 3 Partly Affirmative.
37. Point No.2: In view of the findings on the above points, I pass the following:
ORDER The suit filed by the Plaintiff Corporation is hereby decreed with costs on the following terms:
/20/ Com.O.S.No.9180/2018 The defendant No.1 & 2 are liable to pay ₹.3,05,33,243/- (Rupees Three Crores Five Lakhs Thirty three thousand Two hundred and forty three only) together with interest at 9.60% p.a. on ₹.2,75,00,000/- (Rupees Two Crores Seventy Five lakhs only) from the date of suit till the date of realisation.
The suit against defendant No.3 to 5 is hereby dismissed.
The claim of Plaintiff Corporation for sale of schedule B & C property is hereby dismissed as premature with a liberty to the Plaintiff Corporation to seek such sale of the properties in the event of failure of defendant No.1 & 2 to satisfy the decree amount in a properly constituted execution proceedings subject to the defendant No.1 acquiring title to the said properties.
The Plaintiff Corporation is entitled for notice charges of ₹.5,000/- as per Order XX-A CPC.
Draw decree accordingly.
/21/ Com.O.S.No.9180/2018 The office is hereby directed to send a copy of the judgment to the plaintiff bank through email as per Order XX Rule 1 CPC as amended by Section 16 of Commercial Courts Act, 2015.
(Dictated to the Stenographer, corrected, signed and then pronounced by me in the open court on 24th September 2021) (S.J.KRISHNA) LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH-90) ANNEXURES List of witnesses examined for the plaintiff:
P.W.1 Sri.Shridhar Chinni List of documents exhibited on behalf of the plaintiff:
Exhibit No. Description of the document P.1 Certified copy of power of attorney issued in favor of PW.1 by the plaintiff P.2 Loan application dated 22.09.2020 submitted by the defendants P.2(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.2 P.3 Acceptance copy issued by the plaintiff dated 31.01.2016 /22/ Com.O.S.No.9180/2018 P.3(a) & (b) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.3 P.4 Promissory note dated 31.01.2016 P.4(a) & (b) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.4 P.5 Home Loan agreement dated 31.01.2016 P.5(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.5 P.6 Agreement to sell dated 22.01.2016 executed between defendant No.1 and JM Associates (defendant No.5) P.6(a) & (b) Signatures of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.6 P6(c) Signature of Mr.Mohammed Meraj on Ex.P.6 P.7 Construction agreement dated 22.01.2016 executed between defendant No.1 and defendant No.5.
P.7(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.7 P.7(b) Signature of Mr.Mohammed Meraj on Ex.P.7 P.8 Memorandum of deposit of title deeds dated 31.01.2016 executed by defendant No.1 and defendant No.2.
P.8(a) Signature of defendant No.1 Sri.S.Pradeep Kumar Sekar on Ex.P.8 P.9 Office Copy of legal notice dated 14.11.2018 P.9(a) to Postal receipts (5 nos.)
(e) P.10 Undelivered postal cover addressed to /23/ Com.O.S.No.9180/2018 defendant No.1.
P.10(a) Ex.P.10 opened in the Court and the notice sent through Ex.P.10 is exhibited P.11 Postal acknowledgment signed on behalf of defendant No.4 P.12 & Loan account extract and certificate 12(a) U/Sec.65B of Evidence Act P.13 Samyukta Karnataka Kannada Daily News paper dated 16.04.2021 P.14 Samyukta Karnataka Kannada Daily News paper dated 10.03.202 List of witnesses examined for the defendants:
NIL List of documents marked for the defendants:
NIL (S.J.KRISHNA) LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU.
(CCH-90)
****
Digitally signed
by S J KRISHNA
SJ Date:
KRISHNA 2021.09.24
21:25:55 +0530