Delhi District Court
Punjab And Sindh Bank vs Simran Mehta And Other on 10 December, 2024
1
IN THE COURT OF SH. BHUPESH KUMAR: DISTRICT JUDGE
(COMMERCIAL COURTS)-05, SOUTH EAST DISTRICT, SAKET
COURTS, NEW DELHI
CS (Comm) No. 860/2023
Punjab & Sind Bank,
A nationalized bank having its registered head office
at 21-Rajendra Place, New Delhi, and a branch at
Desh Bandhu Gupta College Kalkaji,
New Delhi-110001.
... Plaintiff
Versus
1. Simran Mehta
D/o Shri Sudhir Mehta,
R/o E-29, First Floor,
Greater Kailash Enclave-I,
New Delhi-110048.
2. Mrs. Navpreet Kaur Mehta,
W/o Shri Sudhir Mehta,
R/o E-29, First Floor,
Greater Kailash Enclave-I,
New Delhi-110048.
Also at :
Mrs. Navpreet Kaur Mehta,
W/o Shri Sudhir Mehta,
R/o C-111, Sarita Vihar, Delhi-110076.
3. Mr. Sudhir Mehta,
R/o E-29, First Floor,
Greater Kailash Enclave-I,
New Delhi-110048.
Also at :
Mr. Sudhir Mehta,
R/o C-111, Sarita Vihar, Delhi-110076.
4. Amity University (deleted from array of defendants vide order dated 18.12.2023)
through Director Admission Digitally
signed by
BHUPESH
BHUPESH KUMAR
KUMAR Date:
CS (Comm)860/2023 Bhupesh
2024.12.10
16:59:35 Kumar
+0530
District Judge(Commercial)-05, Saket Courts, South East/10.12.2024
2
Sector 125, Noida.
Uttar Pradesh.
....Defendants
Date of Institution : 26.09.2023
Date of Arguments : 10.12.2024
Date of Judgment : 10.12.2024
JUDGMENT
1. The present suit has been filed by the plaintiff bank i.e. Punjab Sind Bank seeking decree of recovery of Rs.5,21,188/- alongwith pendente- lite and future interest against defendant no.1 Simran Mehta (Borrower), defendant no.2 Mrs. Navpreet Kaur Mehta (mother/co-borrower), defendant no.3 Mr. Sudhir Mehta (father/guarantor), and Amity University (Defendant no.4).
2. The brief facts of the matter as emerged from the plaint are that the plaintiff bank is a nationalized bank having its registered office at 21, Rajendra Place, New Delhi, and having its one of the branch at Desh Bandhu Gupta College Kalkaji, new Delhi. The suit has been filed through Mr.Chandra Kishor Singh, Chief Manager, of the plaintiff Bank.
It has been further submitted that on 19.05.2014 defendants approached the plaintiff bank for education loan of sum of Rs.4.0 lac for study of defendant no.1, four year course of Bachelor of Technology and Computer & Engg. with Amity University, Uttar Pradesh. It has been further submitted that considering the request of defendants, the plaintiff bank sanctioned the education loan of Rs.4.0 lac in favor of defendant no.1 & 2 against the guarantee of defendant no.3. It has been further submitted that defendants have also executed certain documents viz. demand promissory Digitally signed by BHUPESH BHUPESH KUMAR Date: CS (Comm)860/2023 Bhupesh Kumar KUMAR 2024.12.10 16:59:46 District Judge(Commercial)-05, Saket Courts, South East/10.12.2024 +0530 3 note, undertaking for relative pronote, certain declaration by defendants in favor of plaintiff bank. It has been further submitted that the plaintiff bank has made payments to Amity University directly, on request of defendants. However, the defendants have committed default in payment of overdue interest due and payable on the loan amount during moratorium period and further failed to regularize the account. The plaintiff has issued legal notices dated 10.02.2017 and 15.04.2017 calling upon defendants to clear outstanding amount. It has been further submitted that defendants visited the plaintiff bank on various occasions on 04.05.2017, 29.06.2017, 01.06.2018 and 11.03.2020 and promised to pay the dues and also acknowledged and executed the revival letters, but in vain. The loan account of defendants was declared NPA on 29.01.2021.
It has been further submitted that as on 31.01.2023 the defendants are liable to pay outstanding amount of Rs.5,21,188/-. Inter-alia, on the basis of these submissions, prayer has been made to pass a decree in favor of plaintiff and against defendants.
3. Before proceeding ahead, here it is necessary to mention that the name of defendant no.4 i.e. Amity University was deleted from array of defendants, in view of order dated 18.12.2023.
All remaining three defendants were served in this matter on 04.01.2024, in view of order dated 16.02.2024. But none of them appeared in the Court nor filed written statement. Vide order dated 21.03.2024, the opportunity granted to defendants to file written statement was closed by order, their defence was struck off and were also proceeded ex-parte. Thereafter, the matter was listed for PE.
Digitally
signed by
BHUPESH
BHUPESH KUMAR
KUMAR Date:
CS (Comm)860/2023 Bhupesh Kumar
2024.12.10
16:59:56
District Judge(Commercial)-05, Saket Courts, South East/10.12.2024 +0530 4
4. The plaintiff has examined Ms. Rima Kumari, AR/Chief Manager of the plaintiff bank as PW-1, in support of its case. This witness has led her evidence by way of affidavit Ex.PW1/A, wherein she has deposed on similar lines to that of the contents of the plaint. PW-1 has further brought on record documents authority letter/GPA dated 10.08.2022 as Ex.PW1/1, loan application dated 19.05.2014 as Ex.PW1/2, sanction letter dated 19.05.2014 as Ex.PW1/3, form No. 15 demand promissory note for the sum of Rs.4,00,000/- as Ex.PW1/4, form no. 106-undertaking for relative pronote as Ex.PW1/5, form no. 216-certain declaration by defendants as Ex.PW1/6, form no. 200-revised Clause Pertaining to Rate of interest as Ex.PW1/7, form no.-103/291/412-Undertaking for using the loan facility essentially for the purpose of the education purpose by defendant no. 1 as Ex.PW-1/8, form no 199-Undertaking/s (Right of the bank to securities/assign etc.) duly executed by the defendant's in favor of plaintiff as Ex.PW1/9, undertaking duly executed by the defendant no.1 in favour of plaintiff bank as Ex.PW-1/10, form no. 256(RR): Guarantee deed/ undertaking by defendant no.3 in favour of plaintiff bank as Ex.PW-1/11, consent form for disclosure of various information by defendant/s by plaintiff bank as Ex. PW- 1/12, various undertaking by defendant/s in favour of plaintiff bank as Ex.PW-1/13, legal notice dated 10.02.2017 and 15.04.2017 along with photo copy of postal receipt are Ex.PW1/14, revival letter dated 04.05.2017 as Ex.PW1/15, letter dated 29.06.2017 as Ex.PW1/16, revival letter dated 01.06.2018 as Ex.PW1/17, reminders dated 14.06.2018, 12.06.2018 and 24.07.2018 as Ex.PW1/18 to 20, request letter as Ex.PW1/21, revival letter as Ex. PW1/22, letter dated 04.03.2021 as Ex.PW1/23, letter dated 22.09.2021 as Ex.PW1/24, statement of account along with memorandum of interest as Ex.PW1/25 and Digitally signed by BHUPESH BHUPESH KUMAR KUMAR Date:
CS (Comm)860/2023 Bhupesh Kumar
2024.12.10
16:59:15
District Judge(Commercial)-05, Saket Courts, South East/10.12.2024 +0530 5 NSR Dated 02.04.2022 as Ex.PW1/26. She has further brought on record certain other documents as Mark A to H. PE was closed.
5. I have heard the arguments of Ms. Radha Dhauni, Ld. Counsel for plaintiff besides going through the material available on record. Written submissions also filed on behalf of plaintiff.
6. Heard. Material perused.
7. The evidence of PW-1, Ms. Rima Kumari has been scrutinized carefully. PW-1 has brought on record all the relevant documents pertaining to loan account of defendant no.1 i.e. loan application cum approval form dated 19.05.2024 as Ex.PW1/2, sanction letter dated 19.05.2014 as Ex.PW1/3, declaration by defendnats as Ex.PW1/6, guarantee / undertaking by defendant no.3 as Ex.PW1/11.
From perusal of statement of account Ex. PW1/25, it is found that as on 31.01.2023, there was an outstanding amount of Rs.5,21,188/- against defendants. The evidence of PW-1 remained un-rebutted and un-controverted. It is found that there is no legal impediment to decline the claim of the plaintiff.
The plaintiff has claimed interest @ 13.3% per annum, which is found to be on higher side. However, considering the facts and circumstances, it is found that interest @ 10% per annum would be sufficient to meet the ends of justice.
8. Considering the entire facts and circumstances, the suit filed by the plaintiff stand decree for a sum of Rs.5,21,188/- alongwith interest @ 10% Digitally signed by BHUPESH BHUPESH KUMAR CS (Comm)860/2023 Bhupesh Kumar KUMAR Date:
2024.12.10 District Judge(Commercial)-05, Saket Courts, South East/10.12.2024 17:00:36 +0530 6 per annum from 01.02.2023 till its realization alongwith cost of Rs.15,000/- (which includes Court fee and legal expenditure), in favor of the plaintiff bank i.e. Punjab & Sind Bank and against defendant no.1 Simran Mehta (borrower), defendant no.2 Mrs. Navpreet Kaur Mehta (mother/co-borrower) and defendant no.3 Mr. Sudhir Mehta (father/guarantor), jointly or severally. Here it is made clear that interest would not be payable on cost.
Decree sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
Dictated and announced Digitally
on 10th day of December, 2024.
signed by
BHUPESH
BHUPESH KUMAR
(Bhupesh Kumar)
KUMAR Date:
2024.12.10
16:59:03
District Judge (Commercial)-05
+0530
South-East District, Saket Courts, New Delhi CS (Comm)860/2023 Bhupesh Kumar District Judge(Commercial)-05, Saket Courts, South East/10.12.2024