Delhi District Court
In Th Matter Of vs Sh. Samson Massy on 17 November, 2018
IN THE COURT OF MS. MONA TARDI KERKETTA, ADDL. SENIOR
CIVIL JUDGE-CUM- JUDGE SMALL CAUSE COURT-CUM-
GUARDIAN JUDGE, DISTRICT: SOUTH, NEW DELHI.
CS No.84597/2016
CNR No.DLST03-001369-2016
IN TH MATTER OF:-
State Bank of India a corporation
constituted under State Bank of India Act
1955 having its Central Office at
Madame Cama Road, Nariman Point, Mumbai,
one of its Local head Office at 11, Sansad Marg,
New Delhi-110001, one of the branch situated at
Asian Games Village, Complex, which is under the
administrative control of Local Head Office, New Delhi.
....Plaintiff
Versus
Sh. Samson Massy,
S/o Sh. Idan Massey,
R/o H. No.257, C-Block, Gali No.23,
Khajuri Khas, Delhi-110094.
Also at:
Sh. Samson Massy,
S/o Sh. Idan Massey,
C-640, Gokal Puri,
Shahadra, Delhi-110094.
Also at :-
Sh. Samson Massy,
Ward Boy,
MCD Ayurvedic Hospital,
Bali Nagar, Delhi.
Employee Code No.KH/232. ....Defendant
CS No.84597/2016 State Bank of India Vs. Sh. Samson Massey Page no. 1 of 7
DATE OF INSTITUTION : 05.08.2016
RESERVED FOR JUDGMENT : Not reserved.
DATE OF PRONOUNCEMENT : 17.11.2018
SUIT FOR RECOVERY
EXPARTE JUDGMENT:
1.This is a suit for recovery for the sum of Rs.1,83,220.76 (Rupees One Lac Eighty Three Thousand Two Hundred Twenty and Seventy Six Paise Only) along with pendente lite & future interest @ 15.20% p.a. with monthly rests till realization with cost in favour of plaintiff bank and against defendant.
2. The brief facts of the case as disclosed in the plaint are that plaintiff bank is a corporate body constituted by the State Bank of India Act, 1955, having its Central Office at Madame Cama Road, Nariman Point, Mumbai and one of its Local Head Office and Zonal Office at 11, Parliament Street, New Delhi. It has branches throughout India and one of its branches is situated at Asian Games Village Complex, New Delhi which is under the administrative control of the Local Head Office at New Delhi. Sh. Shiv Singh Rawat, Chief Manager of the plaintiff bank has signed and verified the plaint and instituted the present suit on behalf of the plaintiff bank and is fully conversant with the facts and circumstances of the present suit and he is competent to sign and file plaint, affidavits, execution vakalatnama, reply and various other applications and do all necessary acts on behalf of plaintiff bank in terms of General Regulation, 1955 framed by Reserve Bank of India in exercise of powers conferred by Section 50 (3) of State Bank of India Act, 1955 with the prior approval of Government of India read with notification published in the Gazette including one dated 27.03.1987.
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3. It is stated that the defendant approached the plaintiff bank for grant of personal loan of Rs.3,00,000/-. On his request, plaintiff bank sanctioned, and disbursed the said loan of Rs. 3,00,000/- to the defendant on 27.06.2012 under the terms and conditions mentioned in the loan documents. Personal Loan Agreement and Arrangement letter dated 27.06.2012 were executed and signed by defendant. The interest on aforesaid loan was agreed to be payable by defendant @ 15.20% p.a. with monthly rest subject to rise and fall time to time as per banking guidelines. The defendant had undertaken to pay or deposit 60 equal monthly loan installments of Rs.7,219/- in terms of agreement.
4. It is further stated that the loan account was opened with the plaintiff Bank in the name of defendant at Asian Games Village Complex, New Delhi Branch. Defendant had deposited various installments in the loan account as part payments. Plaintiff bank has sent letters dated 07.06.2013, 25.07.2013 and 22.12.2014 communicating the defendant that his loan account is running irregular and requested him to regularize his loan account by depositing necessary amount but the defendant failed and neglected to regularize his loan account. The defendant has signed the revival letter dated 16.06.2015 in favour of the plaintiff bank and admitted his liability towards the plaintiff bank. The defendant failed to comply with the terms and conditions of the loan agreement and committed regular defaults in repayment of loan amount as a result of which the loan account has become irregular and sticky hence, classified as non-performing asset on 31.12.2014. The defendant vide his letter dated 31.07.2015 has admitted that he has taken the personal loan from the plaintiff and his loan account has become NPA and had given cheque of Rs.19,670/- towards part payment and undertaken to pay the outstanding amount soon but failed to do so. Plaintiff bank sent a letter CS No.84597/2016 State Bank of India Vs. Sh. Samson Massey Page no. 3 of 7 dated 07.08.2015 to the employer of the defendant i.e. the Administrative Office, MCD Kasturaba Gandhi Hospital, Daryaganj to credit the salary and allowance of the defendant to his loan account with plaintiff bank but no avail.
5. It is further stated that on persistent defaults committed by defendant, the loan was recalled by the plaintiff inter-alia by serving the defendant with a legal notice dated 09.06.2015 and 06.07.2016 to pay the dues but the defendant has failed to comply the same despite service of legal notice. The total amount recoverable from the defendant as on 30.06.2016 is Rs.1,83,220.76 inclusive of interest of Rs.33,563.76/-. Hence, the present suit.
6. The plaintiff has prayed to pass the following reliefs in favour of plaintiff and against the defendant :-
(a) A decree of Rs.1,83,220.76 along with pendente-lite & future interest @15.20% p.a with monthly rests till realization.
(b) Cost of the suit;
(c) Such other and further order, as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the case.
7. It is a matter of record that the defendant did not appear to contest the present suit despite service by way of publication in the newspaper 'The Statesman' dated 13.07.2018. The defendant was proceeded ex-parte vide order dated 15.09.2018.
8. Subsequent thereto, the matter was fixed for ex-parte plaintiff's evidence. In order to prove the case, the plaintiff bank examined Sh. P.K. Mandal, S/o Sh. Dhyandhar Mandal, Deputy Manager, State Bank of India, Asuab Games Village Complex Branch, as PW-1, who CS No.84597/2016 State Bank of India Vs. Sh. Samson Massey Page no. 4 of 7 tendered his examination-in-chief by way of affidavit, which is Ex.PW1/A, bearing his signatures at point A and B and also relied upon the following documents:-
(1) Ex. PW1/1: Personal Loan Application Form dated 26.06.2012.
(2) Ex. PW1/2: Statement of Assets and Liabilities of defendant dated 26.06.2012.
(3) Ex. PW1/3: Arrangement Letter dated 27.06.2012. (4) Ex. PW1/4: Personal Loan Agreement dated 27.06.2012. (5) Ex. PW1/5: Consent Clause dated 26.06.2012.
(6) Ex. PW1/6: Annexure V dated 26.06.2012.
(7) Ex. PW1/7: Annexure B (iii)/ irrevocable letter of authority
dated 26.06.2012.
(8) Ex. PW1/8: Affidavit dated 26.06.2012 of defendant.
(9) Ex. PW1/9: Pre-Sanction Inspection Sheet dated 26.06.12.
(10) Ex. PW1/9A: Revival Letter dated 16.06.2015. (11) Ex. PW1/10 and Ex. PW1/11: Office copy of letters dated 25.07.2013 and 22.12.2014.
(12) Ex. PW1/12: Letter dated 31.07.2015 written by defendant to plaintiff.
(13) Ex. PW1/13: Letter dated 07.08.2015 written by plaintiff bank to employer of defendant.
(14) Ex. PW1/14 (Colly): Office copy of legal notice dated 09.06.2015 alongwith courier receipts.
(15) Ex. PW1/15 (Colly): Office copy of legal notice dated 06.07.2016 alongwith courier receipts.
(16) Ex. PW1/16: Statement of loan account of defendant. (17) Ex. PW1/17: Certificate U/s 65 B of Indian Evidence Act.
CS No.84597/2016 State Bank of India Vs. Sh. Samson Massey Page no. 5 of 7 (18) Mark A: Copy of Gazette Notification dated 27.03.1987. (19) Mark B: Salary slip of defendant.
(20) Mark C: Copy of ID card of defendant issued by employer. (21) Mark D: Copy of Election I D Card.
(22) Mark E: Copy of Pan Card.
(23) Mark F: Copy of ITR of the defendant for the year 2010- 2011 and 2011-2012.
(24) Mark G: Copy of pass book of defendant.
(25) Mark H: Copy of letter dated 07.06.2013.
9. Vide order 27.10.2018, ex-parte plaintiff evidence was closed on the statement of Ld. Counsel for the plaintiff bank.
10. Subsequent thereto, the matter was fixed for ex-parte final arguments, which were heard conclusively on 17.11.2018. After hearing final arguments, matter was fixed for pronouncement of judgment on the same day.
11. In order to prove the case, the PW-1 has deposed in consonance with the contents of the plaint. The PW-1 has brought on record all the relevant documents as mentioned in para no.8. The defendant has not contested the present suit by joining the proceedings despite having notice of the contents of the plaint, therefore, the version of the plaintiff stands proved being unrebutted and unchallenged. The documents on record and also the oral deposition of the plaintiff are as such believable. The suit of the plaintiff is filed within limitation and within the territorial jurisdiction of this court. The plaintiff has successfully discharged the onus to prove its case, thus, is entitled to the decree forthwith.
12. In view of the foregoing discussions, the suit of the plaintiff CS No.84597/2016 State Bank of India Vs. Sh. Samson Massey Page no. 6 of 7 bank is decreed in its favour and against the defendant in the following terms:-
(a) The defendant shall pay to the plaintiff bank Rs.1,83,220.76 (Rupees One Lac Eighty Three Thousand Two Hundred Twenty and Seventy Six Paise Only) along-with pendente-lite & future interest @ 15.20% p.a with monthly rests till payment and/or realization;
(b) The defendant shall also pay cost of the suit to the plaintiff.
13. Let the decree sheet be prepared accordingly.
14. File be consigned to Record Room, after compliance of necessary formalities.
(Mona Tardi Kerketta) JSCC-cum-ASCJ-cum-GJ South District, Saket Courts, New Delhi.
Announced in the open Court today i.e 17.11.2018.
Digitally
signed by
MONA
MONA TARDI
TARDI KERKETTA
KERKETTA Date:
2018.11.17
16:36:19
+0530
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