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1. Whether the plaintiff-Bank proved that the defendant is due a sum of Rs.9,65,840/- as on the date of the suit ?

2. What Order?

6. My answer to the above points are as under;

Point No.1: In the Affirmative.

Point No.2 : As per final order for the following;

REASONS

7. Point No.1: One Siddarth Sankar Acharjya, the Senior Manager of the plaintiff-Bank has tendered his evidence affidavit and has been examined as PW.1. PW.1 has reiterated the plaint averments in his evidence affidavit. Ex.P.1 is the loan application filed by the defendant. The defendant has sought loan from the plaintiff-Bank for the purpose of his business. Ex.P.2 is the sanction memorandum dated 24.04.2015 whereunder a loan of Rs.9,90,000/- has been sanctioned to the defendant and it is repayable in 60 months along with interest at the rate of 10.55% p.a. Ex.P.1 and 2 are signed by the defendant. Ex.P.3 is agreement cum deed of hypothecation dated 24.04.2015 executed by the defendant in favour of the plaintiff-Bank. The defendant has hypothecated computer and accessories, printer and multi- function copier etc., described in the schedule of the plaint to the plaintiff-Bank. The defendant did not repay the loan amount. Therefore, the plaintiff-Bank has issued recall notice dated 28.03.2017 which is at Ex.P.4. In spite of the said recall notice, the defendant has not repaid the entire loan amount. Ex.P.5 is the statement of loan account of the defendant with the plaintiff-Bank. As per Ex.P.5, the defendant is due a sum of Rs.9,63,639.20 as on 24.06.2017. The suit has been filed on 3.7.2017. The plaintiff-Bank has calculated the interest from 25.06.2017 till the date of filing the suit at Rs.2,210.80. Therefore, the defendant is totally due a sum of Rs.9,65,840/- as on the date of the suit to the plaintiff-Bank. Ex.P.5(a) is the certificate enclosed to Ex.P.5 as required u/Sec.2(A)(b) of Banker's Book of Evidence Act. The evidence of PW.1 remained unchallenged. The defendant remained ex-parte. There is nothing on record to disbelieve the case of the plaintiff. The plaintiff has proved that the defendant has availed loan from the plaintiff-Bank and is due a sum of Rs.9,65,840/- as on the date of the suit and the defendant is liable to pay the same along with interest. The agreed rate of interest is 10.55% p.a. and penal interest is 2% p.a. The plaintiff-Bank has claimed interest at the rate of 12% p.a. The transaction being commercial, the plaintiff- Bank is entitled to the agreed rate of interest at 12% p.a. from the date of filing the suit. Accordingly, I answer point No.1 in the affirmative.