Sri.g.prabhakar, M.com, M.a, M.l.m

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IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE ::

TENALI

Present :: Sri G. Prabhakar,

M.Com., M.A., LL.M.

I Additional Junior Civil Judge, Tenali.

Friday, the 28th day of April, 2017.

O.S No.278/2016

Between : Bank of India, is a body corporate, constituted under Banking Companies (Acquisition and Transfer of undertakings) Act 5/1970, carrying on Business in Banking with its Head Office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra (East) Mumbai – 400 051 and a Branch Office amongst other places at Chenchupet, Tenali, represented by its duly constituted Power of Attorney Holder and

Principal Officer, Sri Dasari Venu Gopal, S/o.Venkata Seshaiah,

Hindu, aged about 53 years, Chief Manager, Bank of India, Guntur Branch, Guntur.

...Plaintiff

And

Mekala Venkateswara Rao, S/o.Chalamaiah, Hindu, aged about 1. 36 years, Cultivation, R/o.H.No.1-68/A, Mandepudi Village, Amaravathi Mandal, Guntur District.

Sri Harihara Cold Storage, Pedakurapadu rep by its Prop. 2. Chandu Dasaradha Ramaiah, S/o Venkatadri, Hindu, Aged about 51 years, Business, R/o 5-198, Burripalem Village, Tenali Mandal, Guntur District.

Chandu Dasaradha Ramaiah, S/o Venkatadri, Hindu, Aged 3. about 51 years, Business, R/o Door No.5-198, Burripalem Village, Tenali Mandal, Guntur District.

Chandu Saraswathi, W/o Chandu Dasaradha Ramaiah, Hindu, 4. Aged about 46 years, House wife, R/o Door No. 5-198, Burripalem Village, Tenali Mandal, Guntur District.

5. Chandu Kumara Swamy, S/o Chandu Dasaradha Ramaiah, Hindu, Aged about 27 years, Business, R/o Door No. 5-198, Burripalem Village, Tenali Mandal.

...Defendants

The suit is filed by the plaintiff-bank against defendants No.1 to 5 for recovery of suit amount. Plaint presented on: 29-06-2015. Plaint filed on : 02-05-2016.

CAUSE OF ACTION :- Cause of action for the suit arose when defendants 1 and 2 along with several other farmers approached the plaintiff-bank for sanction of loan against where house receipts and on 10-05-2012 when the - 2 - defendants 3 to 5 extended equitable mortgage with regard to schedule property already made on 25-03-2011 and on 11-08-2011 and on 12-06-2012 executed a registered memorandum relating to deposit of title deeds and on 15-05-2012, when the defendants 2 to 5 executed omni bus guarantee to the extent of Rs.3,50,00,000/- and to the 1st defendant with tie-up agreement thereafter, when the defendants executed all necessary papers and on 28-06-2012when the plaintiff sanctioned loan and thereafter, when the defendants 1 and 2 colluded together and shifted the goods from the 2nd defendant cold-storage and thereafter, when the defendants failed to pay the debt in spite of registered notices and reminders and at Tenali, where the suit transaction took place and at Pedakurapadu, Nelapadu at Burripalem, where the mortgaged properties are situated, within the jurisdiction of this court.

PARTICULARS OF CLAIM :- Amount borrowed Rs.12,800/- Amount due as per account copy Rs.17,777/-

On which a Court fee of Rs.1,266/- is paid U/sec.20 of A.P.C.F and S.V Act. Value of the suit for the purpose of jurisdiction is Rs.17,777 /-.

This suit coming on this day for final hearing before me in the presence of Sri D. Siva Koteswara Rao, Advocate for the plaintiff and defendants having remained exparte and having stood over for consideration till this day, this Court Doth Order and Preliminary Decree as follows :

1. It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this the 20th day of June, 2015 is Rs.17,777/- towards principal and interest and the sum of Rs.3,323/- towards costs of the suit awarded to the plaintiff making in all the sum of Rs.21,100/-.

2. And it is hereby ordered and decreed as follows:

1. That the defendants do pay into court on or before 27th day of July, 2017 (three months time is granted for redemption) a sum of Rs.21,100/- with further interest @ 10.5% p.a from the date of suit i.e., 02-05-2016till the date of realization, on the

principal amount of Rs.12,800/-;

2. That on such payment and on payment thereafter before such date as the court may fix, or such amount as the court may adjudge in respect of such costs of the suit and such costs, charges and expenses as may be payable under Rule 10, together with such subsequent interest as may be payable under Rule 11 of Order XXXIV of the First schedule to the code of Civil Procedure 1908, the plaintiff shall bring into court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such - 3 - documents shall be handed over to the defendant or to such person he appoints and the plaintiff shall if so required re-convey or retransfer the said property free from the said mortgage and clear off free from all encumbrance created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required deliver up to the defendant quiet and peaceable possession of the said property.

3. And it is hereby further ordered and decreed that in default of payment as aforesaid, the plaintiff may apply to the court for a final decree for the sale of the mortgaged property and on such application being made the mortgaged property on a sufficient part thereof shall be directed to be sold and for the purpose of such sale, the plaintiff shall produce before the court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.

4. And it is hereby further, ordered and decreed that the money realized by such sale shall be paid into court and shall be duly applied for (after deduction the reform of the expenses of the sale) on payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the court may adjudge due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10 together with such subsequent interest as may be payable under rule 11 of Order XXXIV of the First schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other person entitled to receive the same.

5. And it is hereby further ordered and decreed that if the money realized by such sale shall not be sufficient for payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance and that the parties are at liberty to apply to the court from time to time as they have occasion and on such application or otherwise the court may give such directions as it thinks fit.

(Copy of Plaint schedule is hereto attached)

Given under my hand and the seal of the court on this the 28th day of April, 2017.

I ADDITIONAL JUNIOR CIVIL JUDGE,

TENALI.

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TABLE OF COSTS

For Plaintiff For Defendants

(NO C.M. & F.C. FILED)

1. Stamps on vakalat: Rs. 2-00

2. Stamp on plaint: Rs.1,266-00

3. Advocate fee: Rs. 570-00 -----

4. Publication charges: Rs.1,200-00

5. Process: Rs. 265-00

6. Typing charges : Rs. 20-00 ------------------------------------------ Total Costs allowed at Rs.3,323-00 - NIL - ------------------------------------------

I ADDITIONAL JUNIOR CIVIL JUDGE,

TENALI.

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IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE ::

TENALI

Present :: Sri G. Prabhakar,

M.Com., M.A., LL.M.

I Additional Junior Civil Judge, Tenali.

Friday, the 28th day of April, 2017.

O.S No.278/2016

Between : Bank of India, is a body corporate, constituted under Banking Companies (Acquisition and Transfer of undertakings) Act 5/1970, carrying on Business in Banking with its Head Office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra (East) Mumbai – 400 051 and a Branch Office amongst other places at Chenchupet, Tenali, represented by its duly constituted Power of Attorney Holder and

Principal Officer, Sri Dasari Venu Gopal, S/o.Venkata Seshaiah,

Hindu, aged about 53 years, Chief Manager, Bank of India, Guntur Branch, Guntur.

...Plaintiff

And

Mekala Venkateswara Rao, S/o.Chalamaiah, Hindu, aged about 6. 36 years, Cultivation, R/o.H.No.1-68/A, Mandepudi Village, Amaravathi Mandal, Guntur District.

Sri Harihara Cold Storage, Pedakurapadu rep by its Prop. 7. Chandu Dasaradha Ramaiah, S/o Venkatadri, Hindu, Aged about 51 years, Business, R/o 5-198, Burripalem Village, Tenali Mandal, Guntur District.

Chandu Dasaradha Ramaiah, S/o Venkatadri, Hindu, Aged 8. about 51 years, Business, R/o Door No.5-198, Burripalem Village, Tenali Mandal, Guntur District.

Chandu Saraswathi, W/o Chandu Dasaradha Ramaiah, Hindu, 9. Aged about 46 years, House wife, R/o Door No. 5-198, Burripalem Village, Tenali Mandal, Guntur District.

10.Chandu Kumara Swamy, S/o Chandu Dasaradha Ramaiah, Hindu, Aged about 27 years, Business, R/o Door No. 5-198, Burripalem Village, Tenali Mandal.

...Defendants

This suit is coming on this day for disposal before me in the presence of Sri D. Siva Koteswara Rao, Advocate for the plaintiff - 7 - and defendants No.1 to 5 having remained exparte and having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

01.The suit is filed by the plaintiff-bank against defendants No.1 to 5 for recovery of suit amount.

02.The averments in the plaint in brief are as under : The defendant No.1 and several farmers approached the plaintiff-bank for sanction of loan under the pledge of the stock stored in the 2nd defendant cold storage, against the charge of pledge and cold storage receipts issued by the 2nd defendant to meet urgent expenses, such as crop cultivation.

03.Theplaintiff-banksanctionedRs.12,800/-on 28-06-2012 to the 1st defendant and he availed loan vide Account No. 864676110000263. The defendant No.1 agreed to repay the amount within 12 months with agreed interest and executed all required documents.

04.The defendants 2 to 5 have executed omnibus guarantee to the extent of 3.5 crores to various borrowers against cold storage receipts of defendant No.2. On 15-05-2012, defendants 2 to 5 executed deed of guarantee and thereby, agreed to stand as surety for the loans obtained by all the borrowers including defendant No.1. The defendants 3 to 5 have deposited their title deeds with regard to plaint 'A' schedule property on 25-03-2011 with the plaintiff-bank with intent to create equitable mortgage over the same as security towards the clean over draft limit of Rs.50,00,000/- advanced to 3rd defendant. Defendants No.3 to 5 executed registered memorandum, relating to title deeds with regard to item No.1 of the schedule property and subsequently defendants No.3 to 5 deposited their title deeds with regard to 'B' schedule property on 11-08-2011 with the plaintiff-bank with intent to create equitable mortgage over the same as security for the loan limit of Rs. 3,50,00,000/- advanced to 3rd defendant. Defendants No.3 to 5 executed registered memorandum relating to the title deeds with regard to plaint 'B' schedule property under registered document No.6544/2011, dated 12-08-2011.

05.It is the further case of plaintiff that on 10-05-2012, defendants No.3 to 5 extended equitable mortgage created on 25-03-2011 and on 11-08-2011 in respect of plaint 'A' and 'B' schedule property with intent to give security for Rs.3,50,00,000 to various borrowers including defendant No.1, to be advanced by the plaintiff-bank against security of cold storage receipts. Defendant No.2 also executed a registered memorandum relating to the deposit of title deeds bearing No. 4009/2012, dated 12-06-2012 extending - 8 - the equitable mortgage already made to the plaintiff-bank to the extent of Rs.3,50,00,000/- already sanctioned or to be sanctioned to various borrowers/farmers. Thus, on the guarantee of defendants No.2 to 5 plaintiff-bank sanctioned loans to various borrowers including defendant No.1 against cold storage receipts. The defendants submitted loan application for credit facilities and executed necessary documents such as demand promissory note, A.G-15, letter of undertaking from 2nd defendant cold storage, notice of lien and endorsement from cold storage unit, O.D 159, L.514/516, Cold storage receipts discharge. The defendants 2 to 5 are guarantors and the defendants No.3 to 5 created a charge of mortgage of schedule property to secure the credit facilities sanctioned to the 1st defendant as mortgagors.

06.The detailed particulars of mortgage are as follows: Bank of India, Chenchupet a. Particulars of Mortgages Branch, Tenali (Plaintiff)

1. Chandu Dasaradha Ramaiah b. Name of the Mortgagors:2. Chandu Saraswathi

3. Chandu Kumara Swamy 10-05-2012 (Date of extension c. Date of Mortgage of Mortgage) d. Property MortgagedVide plaint schedule property e. Rate of interest10.5% p.a with half yearly rests.

3,50,00,000(OmniBus f.Amount securedguarantee to the 1st defendant and several other borrowers) g. Amount now due Rs.17,777/-.

07. After availing loan, the defendants failed to repay the dues as per terms and conditions. The plaintiff-bank came to know that without informing the bank and without discharging the debt, defendant No.1 and 2 colluded with each other, allowed defendant No.1 to take stocks from defendant No.2 cold storage without paying the dues and thereby defendants cheated the plaintiff-bank. Inspite of repeated demands, defendants failed to repay the debt. The plaintiff-bank got issued registered notice on 07-01-2015 and on 09-03-2015 to the defendants. The counsel for plaintiff sent copy of these notice and other noticed in a single bundle, total 291 notices to defendants No.2 to 5, but there was no response from the defendants. The defendants failed to pay the suit debt. Hence, the suit for recovery of Rs.17,777/-.

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08.The defendants did not choose to contest the matter by filing written statement. Though, the defendants 2 to 5 initially made their appearance failed to file written statement. Accordingly defendants No.1 to 5 are set exparte to the proceedings.

09.In support of its case, the plaintiff-bank examined its senior branch manager as P.W.1 and Exs.A1 to A17 are marked.

10.Heard counsel for plaintiff.

11.The chief-examination affidavit of P.W1 is replica of plaint averments. Through P.W1,Exs.A1 to A17are marked. The defendants did not choose to contest the matter. Exs.A1 to A5 discloses that the defendant No.1 by filing application availed to loan, by producing Ex.A6 cold storage bond and pledging the stock with the plaintiff under Ex.A7. The documents under Exs.A2 to A14 reveals that defendants No.2 to 5 have guaranteed the repayment of the loan availed by the defendant No.1. Ex.A15 is statement of account. Ex.A16 reveals that demanding the outstanding dues, plaintiff-bank issued a notice to the defendants before filing suit for recovery of dues covered by mortgage. The evidence of P.W1 remained unchallenged and proved.

12.From the evidence of P.W1 coupled with the documents under Exs.A1 to A17, plaintiff-bank proved its case beyond preponderance of probabilities. The defendants 1 to 5 are jointly and severally liable to discharge the suit debt. Hence the suit is fit to be decreed.

13.In the result, suit is decreed with costs for Rs.17,777/- (Rupees Seventeen thousand, seven hundred and seventy seven only) with further interest @ 10.5% per annum from the date of suit, till the date of realization, on the principal adjudged sum of Rs.17,777/- (Rupees Seventeen thousand, seven hundred and seventy seven only). Accordingly a preliminary decree is passed. Time for redemption three months.

Dictated to the Personal Assistant, transcribed by her, corrected and

pronounced by me in open Court, this the 28th day of April, 2017.

Sd/-

I ADDL.JUNIOR CIVIL JUDGE,

TENALI.

Appendix of Evidence

Witnesses Examined

For Plaintiff :For Defendants :- - NONE - - 10 -

P.W.1 : Ajit Kumar.

Documents Marked

For Plaintiff :- Ex.A-1 is Original Loan Application-cum-Proposal Form, dt.27-06-2012. Ex.A-2 is Original Notice of lien, dated 28-06-2012 executed by D1 to D2. Ex.A-3 is Letter of undertaking executed by D2, dated 28-06-2012. Ex.A-4 is Original letter to D2, dated 28-06-2012. Ex.A-5 is Original Demand promissory note, dated 28-06-2012. Ex.A-6 is Original cold storage bond, dated 18-05-2012. Ex.A-7 is Original letter of pledge, dated 28-06-2012. Ex.A-8 is Letter of Authority No.L-440 & A.G-15, dated 28-06-2012. Ex.A-9 is Letter of declaration and undertaking executed by D1,

dated 28-06-2012.

Ex.A-10 is Original L-516 executed by D1, dated 28-06-2012. Ex.A-11 is Attested copy of registered memorandum relating to deposit of title deeds executed by D3 and D5, dated 26-03-2011. Ex.A-12 is Attested copy of registered memorandum relating to deposit of title deeds executed by D3 to D5, dated 12-08-2011. Ex.A-13 is Attested copy of registered memorandum relating to deposit of title deeds executed by D3 to D5, dated 12-06-2012. Ex.A-14 is Attested copy of agreement of guarantee executed by D3 to D5, dated 10-05-2012. Ex.A-15 is Original Account copy. Ex.A-16 is Office copy of the registered notice dt.10-01-2015 issued to D1 and D2. Ex.A-17 is Original registered notice, dated 07-03-2015.

For Defendants :- - NIL -

Sd/-

I ADDL.JUNIOR CIVIL JUDGE,

TENALI.

//True Copy//

I ADDL.JUNIOR CIVIL JUDGE,

TENALI.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE: TENALI.

Present: Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division), Tenali.

Tuesday, this the 01st day of APRIL, 2014.

Original Suit. No.95/2013.

Between:

BODDULURI RAJYALAKSHMI ….Plaintiff

and

CHALLAGALI RAGHUPATHI RAJU...Defendant

This petitioner is coming on this day for hearing before me in the presence of Sri CH.RADHA KRISHNA, advocate for plaintiff having stood over for consideration and perusal the material and other circumstances available on record, this court delivered the following:

J U D G M E N T

PLAINTIFF PRESENT, CHIEF AFFIDAVIT FILED AND EXAMINED AS PW1.

EX.A1 MARKED. \ JUDGMENT PRONOUNCED VIDE SEPARATE JUDGMENT \ IN

THE RESULT THE SUIT IS DECREED WITH COSTS FOR A SUM OF RS.68,233/-

TOGETHER WITH INTEREST PENDENTE LITE AT THE RATE OF 12 PER CENT

PER ANNUM FROM THE DATE OF THE SUIT TILL TODAY AND THE FUTURE IN-

TEREST IS AT THE RATE OF 6 PER CENT PER ANNUM FROM THE DATE OF DE-

CREE TILL REALIZATION ON THE PRINCIPLE AMOUNT OF RS.50,000/-

Typed to my dictation, corrected and pronounced by me in open court on this the01ST day of APRIL, 2014.

Sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

APPENDIX of EVIDENCE

WITNESSES EXAMINED

- NIL -

sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE: TENALI.

Present: Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division), Tenali.

Friday, this the 28th day of MARCH, 2014.

Original Suit. No.313/2013.

Between:

STATE BANK OF INDIA DUGGIRALA BRANCH …..Plaintiff

and

TENNETI RAGHAVA REDDY...Defendant

This petitioner is coming on this day for hearing before me in the presence of Sri M.HARI BABU, advocate for plaintiff having stood over for consideration and perusal the material and other circumstances available on record, this court delivered the following:

J U D G M E N T

CHIEF AFFIDAVIT OF PW1 FILED. PW1 IS EXAMINED ON OATH. EX.A1 TO

A9 ARE MARKED. NO FURTHER EVIDENCE REPORTED. SUIT CLAIM IS PROVED.

\ JUDGMENT PRONOUNCED VSJ \ IN THE RESULT THE SUIT IS DECREED WITH

COSTS FOR A SUM OF RS.91,103/- WITH INTEREST PENDENTE LITE AT THE

RATE OF 11PER CENT P.A. AND FUTURE INTEREST IS AT 6 PER CENT PER AN-

NUM ON THE PRL.ADJUDGED SUM OF RS.86,243/-

Typed to my dictation, corrected and pronounced by me in open court on this the28th day of MARCH, 2014.

Sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

APPENDIX of EVIDENCE

WITNESSES EXAMINED

- NIL -

sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE: TENALI.

Present: Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division), Tenali.

Friday, this the 21st day of MARCH, 2014.

Original Suit. No.27/2014.

Between:

MORLA JAYAPRADHA ….Plaintiff

and

MUTHIMSETTY GOPALA RAO ...Defendant

This petitioner is coming on this day for hearing before me in the presence of Sri P.RAVINDRA BABU, advocate for plaintiff having stood over for consideration and perusal the material and other circumstances available on record, this court delivered the following:

J U D G M E N T

PLAINTIFF PRESENT. CHIEF OF PW1 FILED. SHE IS EXAMINED ON OATH.

EX.A1 AND A2 ARE MARKED. SUIT CLAIM PROVED. \ JUDGMENT PRO-

NOUNCED VSO \ SUIT IS DECREED FOR RS.40,020/- WITH INTEREST PEN-

DENTE LITE AT THE RATE OF 12 PER CENT PER ANNUM AND AT THE RATE OF 6 PER CENT PER ANNUM FUTURE INTEREST ON PRINCIPAL AMOUNT ON

RS.30,000/- WITH COSTS.

Typed to my dictation, corrected and pronounced by me in open court on this the21st day of MARCH, 2014.

Sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

APPENDIX of EVIDENCE

WITNESSES EXAMINED

- NIL -

sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE: TENALI.

Present: Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division), Tenali.

Wednesday, this the 26th day of FEBRUARY, 2014.

Original Suit. No.249/2013.

Between:

DESABOINA VENKATARATNAM ….Plaintiff

and

YARAM RATHAIAH...Defendant

This petitioner is coming on this day for hearing before me in the presence of Sri M.SAMBHU PRASAD, advocate for plaintiff having stood over for consideration and perusal the material and other circumstances available on record, this court delivered the following:

J U D G M E N T

PLAINTIFF PRESENT FILED CHIEF AFFIDAVIT. EXAMINED ON OATH. EX.A1

TO A3 ARE MARKED. \ JUDGMENT PRONOUNCED VSJ \ IN THE RESULT THE SUIT IS

DECREED FOR RS.35.962/- WITH PENDENTE LITE AT THE RATE OF 12 PER CENT

PER ANNUM FROM SUIT TILL TODAY AND AT 6 PER CENT PER ANNUM FROM THIS

TILL REALISATION ON PRINCIPLE AMOUNT ON RS.19,600/-.

Typed to my dictation, corrected and pronounced by me in open court on this the26TH day of FEBRUARY, 2014.

Sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.

APPENDIX of EVIDENCE

WITNESSES EXAMINED

- NIL -

sd/- Sri G.PRABHAKAR,

Principal Civil Judge (Junior Division),

Tenali.