Bangalore District Court
Bank Of India vs Sathish on 13 February, 2025
1
COM.O.S.701/2024
KABC170013432024
IN THE COURT OF LXXXIV ADDL.CITY CIVIL & SESSIONS
JUDGE, AT BENGALURU (CCH.83)
THIS THE 13th DAY OF FEBRUARY 2025
PRESENT:
SMT. SUMANGALA S BASAVANNOUR.,B.COM,L.L.M.,
LXXXII ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Com.O.S.No.701/2024
BETWEEN:
M/s. Bank of India,
having its registered
office at: Kurla Complex,
Maharashtra State and
Branch office at No.46,
5th Main Road, RPC
Layout, Bangalore,
Karnataka - 560 040.
Rep. By Authorized
representative
Purnanand Kulkarni, S/o
Gopal Road, Aged 40
years, Manager.
2
COM.O.S.701/2024
: PLAINTIFF
(Represented by Sri. B.S.
Jeevan Kumar-
Advocate)
AND
Mr. Sathish, Proprietor
of M/s. Horse Motors,
S/o Pandu Kumar, Aged
about 46 years, O/at
No.232, 2nd Main, New
6th Main, 4th Stage,
Rajajinagar, Industrial
Town, Bengaluru -
560044.
Also, R/at, No.172, 4th
Main, 14th Cross, Near
Sarvajna School, M.C.
Layout, Vijayanagar,
Bengaluru - 560 040.
: DEFENDANT
(Defendant is placed
exparte as per order
dated 22.10.2024)
Date of Institution of the
27.04.2024
suit
Nature of the suit (suit on
pronote, suit for declaration
Suit for recovery of money
& Possession, Suit for
injunction etc.)
3
COM.O.S.701/2024
Date of commencement of
12.11.2024
recording of evidence
Date on which judgment
13.02.2025
was pronounced
Total Duration Year/s Month/s Day/s
00 09 16
(SUMANGALA S BASAVANNOUR),
LXXXII Addl.City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
This suit is filed by the Plaintiff for recovery of money a total sum of Rs.10,29,234.38/- together with interest at the rate of 24% per annum from the date of the suit till realization.
2. The Brief facts of the Plaint are as follows:-
The plaintiff bank is incorporated under Companies Act, 2013 and banking company. The Defendant being a Sole Proprietor of the business conducted under the name and style of "M/s. Horse Motors" and Defendant is solely responsible in the day-to-day affairs of the business and further Defendant is the responsible for the financial facility borrowed.4
COM.O.S.701/2024 The defendant approached the plaintiff's bank with a request for grant of Cash Credit for business purpose to the tune of Rs.7,00,000/-. The plaintiff bank after considering the request of the Defendant sanctioned Rs.7,00,000/- as Cash Credit vide sanction letter dated 16.10.2015. Though the sanction was for Rs. 7,00,000/- was released to the defendant. The defendant accepted the terms and conditions of the sanction.
The Defendant executed On Demand Promissory Note dated 16.10.2015 for Rs.7,00,000/- with interest at the rate of 11.20% p.a. with monthly Rests in favour of the Plaintiff Bank.
The defendant has also executed Bearer Letter in form L- 435 dated 16.10.2015 for the CC facility in favour of the Plaintiff Bank authorizing the bank to pay any amount on behalf of the defendant.
The defendant executed Agreement in Form L-515 declaring that, there are no relatives of the defendant working in the bank and L-516 dated 16.10.2015 for Credit Loan in favour of the Plaintiff Bank. As per the loan agreement in Form L-516, the Defendant had agreed to repay the Cash Credit 5 COM.O.S.701/2024 facility on Demand along with an agreed rate of interest.
The Defendant has executed Deed of Guarantee in Form OD-194 dated 16.10.2015 in favour of the Plaintiff Bank for the said Cash Credit facility. As per the Deed of Guarantee, Defendant being proprietor of Horse Motors, as a personal guarantor, has agreed to guarantee the repayment of the said Cash Credit facility sanctioned with interest and amount payable there under on the agreed terms and conditions.
The Defendant also executed Hypothecation cum Loan Agreement in form IFD-010 dated 16.10.2015 in favour of the Plaintiff Bank towards the above said Cash Credit Facility thereby agreeing to repay the said loan on demand with rate of interest 11.20% per annum. As per the said Agreement, Magnets, Copper Wire, Brass Items and other Electrical Goods, Semi Furnished goods and finished goods at the firm premises were hypothecated to the plaintiff bank.
The Defendant has given a declaration in way of Undertaking Letter dated 16.10.2015 declaring that they authorize the bank to disclose information about our accounts to any person as deemed fit and may be made in any manner 6 COM.O.S.701/2024 and this undertaking is irrevocable.
The defendant has given a declaration in way of Undertaking dated 16.10.2015, declaring that in the event of any change in any of the particulars the defendant will keep informing to the plaintiff bank and authorize to the Plaintiff bank to recover the interest charged to defendant's advance account during moratorium period and EMI as per sanction Letter by debiting our SB/CD account.
The defendant has also given a Draft Declaration dated 16.10.2015 in favour of the Plaintiff Bank declaring that Audited financial statements will be submitted within 6 months from closure of the financial year, in case these statements are not submitted then Plaintiff Bank may take further action as deemed fit by the Plaintiff's Bank along with other undertakings mention in the draft declaration.
The Defendant has given declaration of Undertaking with Consent a Clause for disclosure of Information of Credit Facilities, etc. to CIBIL to be stamped as an Undertaking and executed by the Borrower and Guarantors.
7COM.O.S.701/2024 The Defendant has given a declaration in way of Letter of Undertaking, dated 16.10.2015, that the Company/firm or its directors/partners/promoters/ guarantors/associate concerns of the firms are not on ECGC Caution list/specific L also declared that in case of any suit is/ will be filed against the company Bank shall be kept informed. The defendant has executed an agreement cum acknowledgment of debt/securities change of rate of interest consequent to switch over to repo based lending rate (RBLR) dated 06.06.2020.
The defendant has executed an Acknowledgment of Debt dated 06.06.2020, (L-444C) acknowledging the debt borrowed by the defendant. As per the Acknowledgment of debt signed on 06.06.2020 the defendant has confirmed that. they are in due of Rs. 7,19,821/- as on 06.06.2020 payable by the defendants to the plaintiff bank.
In addition to that, Post Covid-19, defendant approached the bank, on 06.06.2020 for funds towards your working capital requirement to manage the liquidity crunch due to Covid-19, pursuant to your request a sum of Rs.70,000/- has been sanctioned on 06.06.2020 towards CESS Loan, which is repayable on demand along with interest thereon.
8COM.O.S.701/2024 The plaintiff bank after considering the request of the Defendant sanctioned Rs.70,000/- vide sanction letter dated 06.06.2020. The defendant accepted the terms and conditions of the sanction.
The defendant has executed On Demand Promissory Note(s) agreeing to pay the CESS Loan amount on demand made by the Plaintiff bank.
The defendant has also executed an installment letter in Form L-435 and L-440 dated 06.06.2020, agreeing to repay the said CESS Loan in 6 monthly installments of Rs.1750/- each commencing from December 2020 & 12 monthly installments of Rs.4,958/- each commencing from June 2021 respectively to the Plaintiff Bank or on demand.
The defendant has executed Agreements in Form L-515, L- 516 & IFD-010 dated 06.06.2020 for CESS Loan in favour of the Plaintiff Bank. As per the loan agreements, the defendant have agreed to repay the said Credit facility in an agreed rate of interest of 6.85% per annum compounded with monthly rests.
9COM.O.S.701/2024 In addition to that, the defendant has given an "Unconditional and irrevocable undertaking for COVID Emergency Support Scheme (CESS)" to avail additional credit facilities to tide over the crisis due to COVID-19 on 06.06.2020.
The defendant has given a declaration in way of Letter of Undertaking under CGTMSE, declaring that they authorize to debit the Insurance Fee as applicable to our account.
As per the rules amended from time to time under the banking laws, a RBLR agreement to be obtained in all new Loans linked to RBLR and sanctioned on or after 01.04.2016, the same is obtained and was signed by the defendant on 06.06.2020.
The Defendant had made a request for a Working Capital Term Loan of Rs.1,39,000/- under GECL scheme, The Plaintiff Bank after considering the request of the defendant had sanctioned Rs.1,39,000/- vide sanction letter dated 06.06.2020. The defendant on certain terms and conditions. The defendant accepted the terms and conditions of the sanction.
10COM.O.S.701/2024 The Defendant executed On Demand Promissory Note dated 06.06.2020 for Rs.1,39,000/- with interest at the rate of 7.85% p.a. with monthly Rests in favour of the Plaintiff Bank.
The defendant has also executed an installment letter in Form L-435 and L-440 dated 06.06.2020, agreeing to repay the said Term Loan in 36 installments of Rs.4,421/- per month commencing from 31.05.2021 each to the Plaintiff Bank or on demand.
The defendant has executed Agreements in Form L-515 and L-516 dated 06.06.2020 for Working Capital Term Loan under GECL Scheme in favour of the Plaintiff Bank. As per the loan agreements, the defendant has agreed to repay the said Working Capital Term Loan facility in an agreed rate of interest of 7.85% per annum compounded with monthly rests.
The defendant has executed the Hypothecation cum Loan Agreement in favour of the Plaintiff Bank towards the above said Term Loan Facility thereby agreeing to repay the said loan on demand with rate of interest 7.85% per annum. As per the said Agreement, Magnets, Copper Wire, Brass Items and other Electrical Goods, Semi Furnished goods and finished goods at 11 COM.O.S.701/2024 the firm premises were hypothecated to the plaintiff bank.
As per the rules amended from time to time under the banking laws, a RBLR (Repo Based Lending Rate) agreement to be obtained in all new Loans linked to RBLR and sanctioned on or after 01.04.2016, the same is obtained and was signed by the defendant on 06.06.2020.
The Defendant had made a request for a Working Capital Term Loan of Rs.69,000/-under GECL scheme vide Application Form dated 03.08.2021. The Plaintiff Bank after considering the request of the defendant had sanctioned Rs.69,000/- vide sanction letter dated 06.08.2021 to the defendant on certain terms and conditions. The defendant accepted the terms and conditions of the sanction.
The Defendant executed On Demand Promissory Note dated 06.08.2021 for Rs.69,000/- with interest at the rate of 7.50% p.a. with monthly rests in favour of the Plaintiff Bank.
The defendant has also executed an installment letter in Form L-435 and L-440 dated 06.08.2021, agreeing to repay the said Term Loan in 36 installments of Rs.2,147/- per month 12 COM.O.S.701/2024 commencing from 31.08.2022 each to the Plaintiff Bank or on demand.
The Defendant also executed Supplemental Loan Cum Hypothecation Agreement dated 06.08.2021 in favour of the Plaintiff Bank towards the above said Credit facilities thereby agreeing to repay the said loan with agreed rate of interest of 7.50% per annum.
The defendant has executed an Acknowledgment of Debt dated 06.08.2021, (L-444C) acknowledging the debt borrowed by the defendant. As per the Acknowledgment of debt signed on 06.08.2021 the defendant has confirmed that, they are in due of Rs.7,00,246.06 as on 05.08.2021 payable by the defendant to the Plaintiff Bank. The acknowledgment of debt is in accordance with Section 18 of the Limitation Act.
The Defendant had made a request for a Cash Credit of Rs.1,24,000/- Under Funded Interest Term Loan. The Plaintiff Bank after considering the request under defendant had sanctioned Rs.1,24,000/- vide sanction letter dated 07.08.2021 the defendant.
13COM.O.S.701/2024 The Defendant executed On Demand Promissory Note dated 07.08.2021 for Rs.1,24,000/- with interest at the rate of 8.85% p.a. with monthly Rests in favour of the Plaintiff Bank.
The Defendant also executed an agreement of Funded Interest Term (FITL) dated 07.08.2021 in favour of the Plaintiff Bank towards the above said Cash Credit facilities thereby agreeing to repay the said loan with agreed rate of interest of 8.85% per annum.
The defendant had availed the said credit facilities as stated above and failed to adhere to the terms and conditions of the sanction. The defendant had also failed to service the interest in respect of Cash Credit, Loan under GECL Scheme, and CESS Loan failed to repay the installments and when it fell due and to clear the out- standings in respect of credit facilities despite of several demands and requests by the Plaintiff Bank. The Plaintiff Bank had issued a Recall notice dated 08.12.2022 to the defendant in respect of Cash Credit, Loan under GECL Scheme, CESS Loan and Fund Interest Term Loan to clear the arrears and outstanding. The Notice sent to last known address have been returned with shara "No Such person" and "All Door Locked."
14COM.O.S.701/2024 As contemplated under Section 12 (A) of Commercial Court Act, the plaintiff had preferred a Pre-Institution Mediation before the District Legal services Authority, Bengaluru Urban in PIM 38/2023. On 17.03.2023, the District Legal Services Authority was pleased to close and issue the Non-Starter Report, which was served on filed.
As per the statement of account dated 15.04.2024 relating to the Loan account bearing No. 842330110000084 the defendant is entitled to pay a sum of Rs.7,59,172.46 for the Loan Account bearing No. 842370410000071 the defendant is entitled to pay a sum of Rs.1,19,898/- for the Loan Account bearing No. 842370110000011 the defendant is entitled to pay a sum of Rs.35,092.68 and for the Loan Account bearing No.842370410000173 the defendant is entitled to pay a sum of Rs.70,295/- and for the Loan Account bearing No. 842365910000006 the defendant is entitled to pay a sum of Rs.44,776.24. And overall, the defendant is liable to pay a sum of Rs.10,29,234.38 only.
Pursuant to release of financial facility, the Defendant initially made payments as agreed. However, the Defendant failed and neglected to continue to do the same. The Plaintiff 15 COM.O.S.701/2024 states that the Defendant failed and neglected to make payment to the Plaintiff bank despite repeated follow ups on the part of its officer. Hence, this suit.
3. Inspite of service of summons, the defendant have not appeared before the court and hence placed exparte.
4. The Plaintiff has examined PW-1 and got marked Ex.P.1 to Ex.P.54. I have heard the arguments of the Advocate for the Plaintiff.
5. Based on the above pleadings of the Plaintiff, the following points arise for my consideration :-
1. Whether the Plaintiff is entitled for the Suit Claim from the Defendant ?
2. What Order ?
6. My findings on the above Points are as under:
1. Point No.1 :- In the Partly Affirmative.
2. Point No.2 :- As per the final Order for the following reasons.16
COM.O.S.701/2024 REASONS
7. Point No.1 :- The Plaintiff Bank substantiate of this case examined its Chief Manager as PW.1. PW.1 in his evidence reiterated averments of the Plaint, and got marked Ex.P.1 to Ex.P.54.
8. In the decision reported in A.I.R. - 2000 - Karnataka - 234 (Syed Ismail vs. Smt. Shamshia Begum), the Hon'ble High Court of Karnataka has held as follows :-
"3. The impugned order does not disclose the nature of pleading placed by the plaintiff and whether there is prima facie material to grant a decree in his favour. A judgement in favour of the plaintiff is not automatic. The Court has to consider the case of the plaintiff and grant a decree in his favour. The learned trial Judge has not referred to the pleadings of the plaintiff and the documents produced by him to substantiate even a prima facie case for grant of a decree in his favour. Therefore, the judgement and decree in favour of the plaintiff is not automatic on failure of the opposite party to put his defence. The Court can grant a judgement in favour of the party only upon consideration of the case of the plaintiff including appreciation of pleadings and evidence."17
COM.O.S.701/2024
9. The averments of the Plaint, evidence of PW.1 discloses that the Defendant is the borrower and is a proprietor concern running business at the address mentioned in the cause title. The Defendant/borrower has approached the plaintiff bank for sanction of cash credit for business purpose to the tune of Rs.7,00,000/-. The plaintiff bank after considering the request of the Defendant sanctioned Rs.7,00,000/- as Cash Credit vide sanction letter dated 16.10.2015 at Ex.P.3.
10. The Defendant accepted the terms and conditions of the sanction and executed a documents on 16.10.2015 i.e., on demand Promissory Note Ex.P.4, bearer letter, draft declaration Ex.P.6, agreement Ex.P.7, deed of guarantee Ex.P.8, Hypothication cum loan Agreement Ex.P.9, letter of undertaking Ex.P.10, letter of undertaking Ex.P.11, draft declaration Ex.P.12, draft declaration Ex.P.13, letter of undertaking Ex.P.14, change of RBLR agreement Ex.P.15. The defendant agreed to pay the loan amount with interest at the rate of 11.20% per annum.
11. The defendant has executed acknowledgment of debt dated 06.06.2020 acknowledging the debt borrowed by the defendant as per the Ex.P.16 and confirmed that defendants are in due of Rs.7,19,821/- as on 06.06.2020. Post COVID period the defendant has approached the plaintiff bank on 06.06.2020 18 COM.O.S.701/2024 for funds towards working capital requirements to manage liquidity crunch due to COVID-19, pursuant to request of the defendant plaintiff bank has been sanctioned Rs.70-,000/- on 06.06.2020 towards CSS loan which is repayable on demand along with interest as per Ex.P.18.
12. The defendant admitted the terms of the sanction letter and executed documents in favour of the plaintiff bank i.e., on demand promissory note at Ex.P.19 letter, letter in the Form No.L425 Ex.P.20 installment letter in Form No.L440 at Ex.P.21, draft declaration Ex.P.22, loan agreement Ex.P.23, hypothecation cum loan agreement Ex.P.24, unconditional irrecoverable undertaking Ex.P.25, undertaking for covering facilities under CGTMSE Ex.P.26.
13. The defendant has made request for working capital term loan of Rs.1,39,000/- under GECL Scheme the plaintiff bank after considering the request of the defendant had sanctioned Rs.1,39,000/- vide sanction letter 06.06.2020 as per Ex.P.27. The defendant acceptance the terms and conditions of the sanctioned and executed the documents in favour of the plaintiff bank on 06.06.2020 i.e., demand promissory note at Ex.P.28, letter in Form No.L435 at Ex.P.29, Letter in Form 19 COM.O.S.701/2024 No.L440 at Ex.P.30, draft declaration Ex.P.31, loan agreement Ex.P.32, hypothecation cum loan agreement Ex.P.33, RBLR agreement Ex.P.34 and loan agreement Ex.P.35.
14. The defendant has made request for working capital term loan of Rs.69,000/- under GECL Scheme vide application Form dated 03.08.2021. The plaintiff bank after considering the request of the defendant had sanctioned Rs.69,000/- vide sanction letter 06.08.2021 as per Ex.P.36. The defendant acceptance the terms and conditions of the sanctioned and executed the documents in favour of the plaintiff bank on 06.08.2021 i.e., on demand promissory note at Ex.P.37, letter in Form No.L435 at Ex.P.38, Letter in Form No.L440 at Ex.P.39, supplemental loan cum hypothecation agreement Ex.P.40.
15. The defendant has executed acknowledgment of debt dated 06.08.2021 acknowledging the debt borrowed by the defendant as per the Ex.P.41 and confirmed that defendants are in due of Rs.7,00,246.06/- as on 05.08.2021.
16. The defendant has made a request for cash credit of Rs.1,24,000/- under Funded Interest Term Loan. The plaintiff bank after considering the request of the defendant had 20 COM.O.S.701/2024 sanctioned Rs.1,24,000/- vide sanction letter dated 07.08.2021 to the defendant as per Ex.P.42.
17. The Defendant accepted the terms and conditions of the sanction and executed a documents on 07.08.2021 i.e., on demand Promissory Note Ex.P.43, agreement of FITL Ex.P.44.
18. The defendant had availed the said credit facilities as stated above and failed to adhere to the terms and conditions of the sanction. The defendant had also failed to service the interest in respect of Cash Credit, Loan under GECL Scheme, and CESS Loan failed to repay the installments and when it fell due and to clear the out- standings in respect of credit facilities despite of several demands and requests by the Plaintiff Bank. The Plaintiff Bank had issued a Recall notice dated 08.12.2022 at Ex.P.45, The Notice sent to last known address have been returned with shara "No Such person" and "All Door Locked" as per Ex.P.46 and Ex.P.47.
19. As per the statement of account at Ex.P.48 for a period from 06.06.2020 to 15.04.2024 relating to the Loan account bearing No. 842330110000084 the defendant is liable to pay a sum of Rs.7,59,172.46.
21COM.O.S.701/2024
20. As per the statement of account at Ex.P.49 for a period from 06.06.2020 to 15.04.2024 relating to the Loan Account bearing No. 842370410000071 the defendant is entitled to pay a sum of Rs.1,19,898/-.
21. As per the statement of account at Ex.P.50 for a period from 06.06.2020 to 15.04.2024 relating to the Loan Account bearing No. 842370110000011 the defendant is liable to pay a sum of Rs.35,092.68.
22. As per the statement of account at Ex.P.51 for a period from 06.06.2020 to 15.04.2024 relating to the Loan Account bearing No.842370410000173 the defendant is liable to pay a sum of Rs.70,295/-.
23. As per the statement of account at Ex.P.49 for a period from 06.06.2020 to 15.04.2024 relating to the Loan Account bearing No. 842365910000006 the defendant is liable to pay a sum of Rs.44,776.24.
24. It is proved from the evidence of PW-1 and Ex.P.1 to Ex.P.53 that defendant is liable to pay a sum of Rs.10,29,234.38 only.
22COM.O.S.701/2024
25. The plaintiff claimed the interest at the rate 24% per annum from the date of suit till the date of realization. However by considering the interest prevailing, it is proper to award interest @ 10% per annum from the date of suit till realization.
26. The above mentioned transactions commenced from 06.06.2020 as per the ledger account the last payment was made by the Defendant on 17.02.2022 and the suit filed on 25.04.2024 is within limitation period.
27. In this case in spite of service of summons, the Defendants have not appeared and denied the claim of the Plaintiff. Hence, the evidence of PW-1 and Ex.P.1 to Ex.P.54 are remained unchallenged. Therefore, the Plaintiff is entitle for recovery of the suit claim amount of Rs.10,29,234.38/- with interest @ 10% per annum from the date of suit till the date of realization. Hence, I answer this Point in " Partly Affirmative".
28. Point No.2 : -Therefore, I proceed to pass the following Order.
23COM.O.S.701/2024 ORDER The Suit of the Plaintiff is decreed in part with cost.
The Defendant is hereby directed to pay total aggregate sum of Rs.10,29,234.38/- together to the plaintiff with interest 10% per annum from the date of suit till the date of realization.
Draw Decree accordingly.
The Office is directed to send copy of this Judgment to Plaintiff and Defendant to their email ID as required under Order XX Rule 1 of the Civil Procedure Code as amended under Section 16 of the Commercial Courts Act.
(Dictated to the Stenographer, typed by her directly on computer, verified and then pronounced by me in open Court on this the 13th day of February, 2025).
(SUMANGALA S BASAVANNOUR), LXXXII Addl.City Civil & Sessions Judge, Bengaluru.
24COM.O.S.701/2024 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF PW-1 Santhanam LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PLAINTIFF Ex.P.1 Authorization letter dtd.03.02.2024 Ex.P.2 Authorization letter dtd.08.11.2024 Ex.P.3 Sanction letter dtd.16.10.2015 Ex.P.4 On demand promissory note dtd.16.10.2015 Ex.P.5 Bearer letter dtd.16.10.2015 Ex.P.6 Draft declaration Ex.P.7 Agreement dtd.16.10.2015 Ex.P.8 Deed of Guarantee Ex.P.9 Hypothication cum loan agreement Ex.P.10 Letter of undertaking dtd.16.10.2015 Ex.P.11 Letter of undertaking dtd.16.10.2015 Ex.P.12 Draft declaration dtd.16.10.2015 Ex.P.13 Draft declaration dtd.16.10.2015 Ex.P.14 Letter of undertaking dtd.16.10.2015 Ex.P.15 Change of RBLR Agreement Ex.P.16 Agreement cum acknowledgment of debt Ex.P.17 Application of additional limit 25 COM.O.S.701/2024 Ex.P.18 Sanction letter dtd.06.06.2020 Ex.P.19 On demand promissory note Ex.P.20 Letter in the form no.L-435, dtd.06.06.2020 Ex.P.21 Instalment letter in form no.L.440 Ex.P.22 Draft declaration Ex.P.23 Loan Agreement Ex.P.24 Hypothication cum loan agreement Ex.P.25 Unconditional irrevocable undertaking dtd.06.06.2020 Ex.P.26 Undertaking for covering facilities under CGTMSE (pg no.151 to 153) Ex.P.27 Sanction letter dtd.06.06.2020 Ex.P.28 On demand promissory note dtd.06.06.2020 Ex.P.29 Letter in the form no.L-435, dtd.06.06.2020 Ex.P.30 Instalment letter in form no.L.440 Ex.P.31 Draft declaration dtd.06.06.2020 Ex.P.32 Loan agreement Ex.P.33 Hypothication cum loan agreement Ex.P.34 RBLR Agreement Ex.P.35 Loan agreement Ex.P.36 Sanction letter dtd.06.08.2021 Ex.P.37 Demand promissory note dtd.06.08.2021 Ex.P.38 Letter in the form no.L-435, dtd.06.08.2021 Ex.P.39 Instalment letter in form no.L.440 dtd.06.08.2021 Ex.P.40 Supplemental loan cum Hypothication agreement (pg no.217 to 228) Ex.P.41 Acknowledgment of debt dtd.06.08.2021 Ex.P.42 Sanction letter dtd.07.08.2021 26 COM.O.S.701/2024 Ex.P.43 On demand promissory note dtd.07.08.2021 Ex.P.44 Agreement of FITL Ex.P.45 Recall notice dtd.08.12.2022 (pg no.245 to 248) Ex.P.46 Unserved RPAD, opened in open Court, notice marked as Ex.P.46(a) Ex.P.47 Unserved RPAD, opened in open Court, notice marked as Ex.P.47(a) Ex.P.48 Statement of account Ex.P.49 Statement of account Ex.P.50 Statement of account Ex.P.51 Statement of account Ex.P.52 Statement of account Ex.P.53 Certificate Under Banker's book of evidence Act Ex.P.54 PIM report dtd.17.03.2023 LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT NIL LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE DEFENDANT NIL (SUMANGALA S BASAVANNOUR), LXXXII Addl.City Civil & Sessions Judge, Bengaluru.