Document Fragment View

Matching Fragments

1. Vide this judgment, I shall dispose of the present suit for recovery of Rs.6,95,620.32- (Rs Six Lakhs Ninety Five Thousand Six Hundred Twenty and Thirty Two paise only) filed by the Union Bank of India through its Senior Branch Manager (herein after referred to as "Plaintiff Bank") against the defendant Bharti.

FACTUAL MATRIX

2. The brief facts of the case, as mentioned in the plaint are that in the year 2021, defendant approached the plaintiff bank for credit facility i.e grant of vehicle loan; plaintiff bank sanctioned the credit facility i.e vehicle loan to the extent of Rs 7,00,000/- alongwith interest @ 7.5 % p.a to the defendant vide sanction letter dated 28.10.2021 vide loan account bearing no. 077316520000008 duly maintained by the plaintiff bank in its due course of time; the credit facility was to be repaid by the defendant in 84 equated monthly installments of Rs 10,736/-; defendant executed various security Union Bank of India vs Bharti Date of Judgment 13.02.2025 ( page no. 2 of 10 ) documents in favour of the plaintiff bank i.e demand promissory note dated 30.10.2021, letter of continuity dated 30.10.2021, hypothecation of vehicle agreement dated 30.10.2021, AD-02A, Letter of General Lien and Set off dated 30.10.2021, Interest agreement dated 30.10.2021 and letter of undertaking dated 30.10.2021.

6. The plaintiff bank, in support of its case, has examined its Branch Manager/AR Awinash Kumar as PW1, who deposed on the lines of the averments made in the plaint in his evidence by way of affidavit Ex.PW1/A. He relied upon the documents i.e Copy of GPA Ex.PW1/1, Loan application along with relevant documents Ex.PW1/2 (Colly), Sanction letter dated 28.10.2021 Ex.PW1/3, Demand promissory note dated 30.10.2021 Ex.PW1/4, Letter of continuity dated 30.10.2021 Ex.PW1/5, Hypothecation of vehicle agreement dated 30.10.201 Ex.PW1/6, AD-02A, letter of general lien dated 30.10.2021 Ex.PW1/7, Interest agreement dated 30.10.2021 Ex.PW1/8, Letter of undertaking from the borrowers dated 30.10.2021 Ex.PW1/9, Copy of the registration certificate in respect of the vehicle Ex.PW1/10, Copy of recall notice dated 22.10.2022 Ex.PW1/11, Statement of Union Bank of India vs Bharti Date of Judgment 13.02.2025 ( page no. 5 of 10 ) account Ex.PW1/12, Certificate u/s 2A (b) of Banker's Books Evidence Act and certificate u/s 65 B of the then Indian Evidence Act Ex.PW1/13 (colly) and Non-starter report dated 14.03.2023 Ex.PW1/14.