Delhi District Court
M/S. Prosper Housing Finance Ltd. vs . Sh.Mohit Shukla on 3 October, 2019
CS No. 10375/16
M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla
and Ors.
IN THE COURT OF VIKAS DHULL: ADDITIONAL
DISTRICT JUDGE01, TIS HAZARI COURTS (WEST),
DELHI
CS No. 10375/16
In the matter of :
M/s.Prosper Housing Finance Ltd.
(Earlier Known as HBN Housing Finance Ltd.)
Head Office at: A1/5, First Floor
Main Rohtak Road, Paschim Vihar
New Delhi110063.
... Plaintiff
Versus
1. Sh.Mohit Shukla
S/o Sh.Ramesh Shukla
R/o A7/115, Ist Floor
Sector17, Rohini
New Delhi110089.
Also at :
Page: 1/8
CS No. 10375/16
M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla
and Ors.
Shukla Electricals
A6/66, Sector17,
Rohini
New Delhi110089.
2. Mrs. Shalini Shukla
W/o Sh.Mohit Shukla
R/o A7/115, Ist Floor
Sector17, Rohini
New Delhi110089.
3. Mr.Harinder Prasad
R/o RZH102, Second Floor
Room No. 25, Gali No.6, Raj NagarII
Palam Colony
New Delhi110045.
4. Mr.Suraj Vias
R/o G3/70, First Floor
GBlock, PocketIII, Sector11
Rohini
New Delhi110085
... Defendants
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CS No. 10375/16
M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla
and Ors.
Date of institution of suit : 12.11.2013
Date on which judgment reserved : 21.09.2019
Date on which judgment pronounced : 03.10.2019
JUDGMENT
1. This is a suit filed by plaintiff under Order XXXIV CPC for recovery of Rs.19,75,867 alongwith interest against defendants.
2. The brief facts which can be taken out from the plaint are that defendants no.1 and 2 had taken a housing loan from plaintiff of Rs.18,00,000/ for purchasing of house bearing No. 112, PocketI, Second Floor, Sector20, Rohini, New Delhi.
3. In the said loan, defendants no.3 and 4 stood as guarantors and said loan was required to be repaid in 120 equated monthly installments of Rs.30,152/ each. The defendants had executed Home Loan Agreement, Guarantee Agreement, Page: 3/8 CS No. 10375/16 M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla and Ors.
demand promissory note and Equitable Mortgage by depositing Original title deeds in respect of property bearing House No. 112, PocketI, Second Floor, Sector20, Rohini, New Delhi with the plaintiff. However, after taking loan, defendants failed to pay the loan amount as per the terms and conditions of the agreement dated 15.05.2012 and despite several requests and reminders, defendants failed to regularize the payment and committed defaults in repayment schedule. Even cheque issued for the payment of dues was dishonoured for which plaintiff had filed a case under Section 138 of the Negotiable Instruments Act, 1881.
4. It was further averred in the suit that as on 31.03.2013, an amount of Rs.19,75,867/ is due and payable by defendants. Accordingly, a prayer was made for passing a preliminary decree with Page: 4/8 CS No. 10375/16 M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla and Ors.
regard to aforementioned amount.
5. In the present case, defendant no.3 did not appear despite service of summons and accordingly, he was proceeded exparte vide order dated 11.04.2014.
6. Further, defendants no.1,2 and 4 could not be served in the ordinary way, therefore, they were served by way of publication in the newspaper "
"Amar Ujala" dated 08.12.2016. Despite service, defendants no.1,2 and 4 also did not appear. Accordingly, they were proceeded exparte vide order dated 21.04.2017. Thereafter, the matter was adjourned for exparte evidence of the plaintiff.
7. In his evidence, plaintiff had examined its AR i.e. Sh.Pavinder Khanna as PW1, who had deposed on oath all the facts as stated in the plaint.
8. Further, PW1 Sh.Pavinder Khanna had also filed Page: 5/8 CS No. 10375/16 M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla and Ors.
on record sanction letter of Rs.18,00,000/ Ex.PW1/3, Home Loan Agreement Ex.PW1/4 executed by defendants no.1 and 2, Guarantee Agreement executed by defendants no.3 and 4 Ex.PW1/8, Copy of sale deed of property bearing House No. 112, PocketI, 2nd Floor, Sector20, Rohini, New Delhi Ex.PW1/9 and the certified true copy of statement of account Ex.PW/10 (colly). No other witness was examined by plaintiff. Accordingly, plaintiff's evidence was closed. Thereafter, the matter was posted for final arguments.
9. I have heard Sh.Aditya Sharda, Ld.counsel for plaintiff and have carefully perused the material on record.
10. In the light of unrebutted testimony of PW1 Sh.Pavinder Khanna and having regard to the documents filed on record i.e. Home Loan Page: 6/8 CS No. 10375/16 M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla and Ors.
Agreement executed by defendants no.1 and 2 Ex.PW1/4, Guarantee Agreement executed by defendants no.3 and 4 Ex.PW1/8, Copy of title deed of property bearing House No. 112, PocketI, Second Floor, Sector20, Rohini, Delhi Ex.PW1/9 and certified true copy of statement of account Ex.PW1/10 (colly), plaintiff has proved its case that defendants no.1 and 2 after availing home loan have only made payment of few installments and have defaulted in repayment schedule as per Home Loan Agreement Ex.PW1/4. Therefore, defendants no.1 and 2 alongwith defendants no.3 and 4 are jointly and severally liable to pay Rs.19,75,867/to the plaintiff. Accordingly, a preliminary decree is hereby passed under Order XXXIV CPC in favour of plaintiff directing defendants to pay jointly and severally a sum of Rs.19,75,867/ alongwith Page: 7/8 CS No. 10375/16 M/s. Prosper Housing Finance Ltd. Vs. Sh.Mohit Shukla and Ors.
interest @ 16% per annum as per House Loan Agreement Ex.PW1/4 from the date of filing the suit till its repayment and cost of the suit within a period of three months from today. Copy of judgment be sent to defendants for information and compliance.
11. Decree sheet be prepared accordingly.
VIKAS Digitally signed
by VIKAS DHULL
DHULL Date: 2019.10.09
16:24:09 +0530
Announced in the open court
Dated: 03.10.2019
(Vikas Dhull)
ADJ1, Tis Hazari Courts, West
Delhi
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