Delhi District Court
M/S Idbi Bank Limited vs Kiran Uppal on 8 January, 2013
1
IN THE COURT OF SHIRISH AGGARWAL, CIVIL JUDGE -1
CENTRAL DISTRICT, DELHI
SUIT NO: 75/2011
UNIQUE CASE ID: 02401C0260232011
M/s IDBI Bank Limited
IDBI Tower, WTC Complex, Cuffe Parade,
Mumbai-400005
and Having Branch at:
1st Floor, E-Block, Videocon Tower,
Jhandewalan Extension,
New Delhi-110055.
... Plaintiff
VERSUS
Kiran Uppal
H-6/36, Sector-5, Rajender Nagar,
Sahibabad, Ghaziabad-201001
Also at:
Driplex Water Refineoriing
Ltd., House No.1, Panehshwar,
Community, New Delhi-110017
... Defendant
Date of Institution : 04.06.2011
Date of Pronouncing Judgment : 08.01.2014
SUIT FOR RECOVERY OF RS.1,41,178/-
JUDGMENT
1. By this judgment, I shall decide suit for recovery of Rs.1,41,178/- alongwith interest.
IDBI Bank Ltd. v. Kiran Uppal Suit No.75/11 Page No:1/5 2
2. The relevant facts as pleaded in the plaint are that the plaintiff bank gave a personal loan of Rs.1,00,000/- to the defendant. While entering into the loan agreement, the defendant executed several documents in favour of the plaintiff bank and agreed to repay the said loan in 36 equated monthly installments.
3. It is further stated that the defendant failed to adhere to the loan agreement and defaulted in making payments as per schedule.
4. It is further stated that despite service of the legal notice, the defendant has not paid the outstanding loan amount to the plaintiff bank.
5. It is further stated that as per the accounts maintained by the plaintiff bank, the defendant is liable to pay a sum of Rs.1,41,178/- towards principal, interest, penal interest and other dues as on date. The plaintiff has filed the present suit to recover IDBI Bank Ltd. v. Kiran Uppal Suit No.75/11 Page No:2/5 3 the same alongwth pendente lite and future interest.
6. The defendant was served with summons for settlement of issues by way of publication in the newspaper. No one appeared on behalf of the defendant nor was Written Statement filed. Accordingly, he was proceeded against ex-parte on 24.7.2013.
7. To prove its case, the plaintiff examined Mr. Rohit Mehra, AR of the plaintiff bank as PW1. PW1 reiterated the facts as mentioned in the plaint and relied upon the following documents:
Ex. PW-1/1 : Power of attorney
Ex. PW-1/2 : Loan Agreement/Clean Loan
Agreement
Ex. PW-1/3 : Demand Notice
Ex. PW-1/4 : Postal receipt
Ex. PW-1/5 : Statement of account
8. I have perused the record and heard submissions made on behalf of the plaintiff. The suit has been filed within the period of limitation. This court has jurisdiction to try the present IDBI Bank Ltd. v. Kiran Uppal Suit No.75/11 Page No:3/5 4 suit.
9. PW1 has deposed that a loan of Rs.1,00,000/- was given to defendant by the plaintiff which was to be repaid in monthly installment alongwith interest. To substantiate this, PW1 has proved Loan Agreement/ Clean Loan Agreement as Ex.PW1/2. PW1 has testified that the defendant failed to pay all the installments. He has further deposed that the defendant is now liable to pay Rs.1,41,178/- alongwith pendente-lite and future interest as the contractual amount was not repaid despite service of legal notice. PW1 has proved the statement of account as Ex.PW1/5, Demand Notice as Ex.PW1/3 and Postal receipt as Ex.PW1/4. The entire testimony of PW1 has gone unchallenged. I have no reason to disbelieve the testimony of PW1 duly given on oath.
10. A decree for recovery of a sum of Rs.1,41,178/- is passed in favour of plaintiff and against the defendant. The plaintiff is also entitled to pendente lite interest on the aforesaid IDBI Bank Ltd. v. Kiran Uppal Suit No.75/11 Page No:4/5 5 sum at the rate of 9% per annum from the date of institution of the suit till the date of decree and future interest thereon at the rate of 9% per annum from the date of decree till realization.
Costs are also awarded in favour of the plaintiff and against the defendant.
Decree sheet be prepared accordingly.
File be consigned to record room.
(Announced in the open court (SHIRISH AGGARWAL)
on 08.01.2014) CIVIL JUDGE-1
CENTRAL DISTRICT
DELHI
IDBI Bank Ltd. v. Kiran Uppal Suit No.75/11 Page No:5/5