IN THE COURT OF THE SENIOR CIVIL JUDGE AT NIRMAL
Present: Sri S.Radha Krishna Murthy,
Senior Civil Judge, NIRMAL.
Friday, the 17th day of July, 2015.
O.S.No.80/2014
Between: Deccan Grameena Bank Branch: Nirmal Rep. by its Manager.
..Plaintiff.
// A n d //
H.Sayanna S/o Gangadher,aged 51 years, Occ.Ex.Clerk-cum-Cashier &Agri, R/o Wanalpad (V), Bhainsa (M) Adilabad District. ….Defendant
This suit is coming for final hearing in the presence of Sri S.Sudarshan, Advocate for the plaintiff and of Sri L.Laxma Reddy, Advocate for the defendant, defendant called absent, set exparte, having been heard and having stood over for consideration till this day this court delivered the following:
JUDGMENT
This is a suit filed by the plaintiff/bank praying this Court to pass a judgment and decree as follows:
a) of reliazation of Rs.3,42,187/- together with interest @ 8% per annum from the date of the suit till realization.
b) to award costs.
2.The brief averments of plaint are that:
The defendant No.1 approached the plaintiff bank for grant of personal loan. The plaintiff bank sanctioned an amount of Rs.3,00,000/- on 20.12.2008. The defendant agreed to repay the same @ 11 % p.a. The defendants executed all the required documents and received the loan amount from the plaintiff bank. Subsequently the defendant failed to pay the loan installment. Therefore plaintiff bank got issued legal notice demanding outstanding amount. Inspite of receiving the said notice the defendant failed to pay any amount to the plaintiff bank. Therefore plaintiff bank prayed to decree the suit as prayed for.
2
3.Defendant failed to appear in this Court inspite of receiving summons.
Hence he was set exparte.
4.During the course of exparte evidence on behalf of plaintiff bank, Sri
G.Radha Kishan/PW1 filed his affidavit in lieu of chief examination and in his evidence Ex.A1 to Ex.A11 are marked. Since the defendant is set exparte there is no evidence on his behalf.
5.Heard the counsel for the plaintiff.
6.Now the points for determination is:
1) Whether the plaintiff is entitled for the suit claim as prayed for?
2) To what relief?
7. POINT No.1:
Perused the affidavit in lieu of chief examination of PW1 and also
Ex.A1 to Ex.A11 which are as follows: Ex.A1 is loan application, dt.20.12.2008. Ex.A2 is terms of sanction letter,dt.20.12.2008. Ex.A3 is demand promissory note, dt.20.12.2008. Ex.A4 is loan arrangement, dt.20.12.2008. Ex.A5 is specimen letter authority, dt.20.12.2008. Ex.A6 is undertaking, dt.20.12.2008. Ex.A7 is revival letter, dt.20.12.2008.Ex.A8 is notice issued by bank, dt.1.8.2014. Ex.A9 is returned postal cover, dt.2.8.2014, Ex.A10 is revival letter, dt.15.11.2011, Ex.A11 is ledger sheet.
Since there is no rebuttal evidence adduced by the defendants to disprove the evidence of plaintiff bank this Court had no option except to believe the evidence of plaintiff. Perusal of evidence of PW1 and Ex.A1 to Ex.A11 I decide this point that plaintiff bank is entitled for the suit claim.
8.POINT NO2: To what relief?
In view of the discussion stated above I hold that the plaintiff bank proved its suit claim.
9.In the result, suit of the plaintiff is decreed with costs by directing defendant to pay a sum of Rs.3,42,187 (Rupees three lakhs forty two 3 thousand one hundred and eighty seven only ) along with interest @ 8% p.a. from the date of suit till realization.
Typed to my dictation and after correction pronounced by me in the open court on this the 17th day of July, 2015.
Senior Civil Judge,
Nirmal.
APPENDIX OF EVIDENCE
Witnesses examined For Plaintiff.For Defendant PW-1G.Radha Kishan -None-
EXHIBITS MARKED
Ex.A-1loan application, dt.20.12.2008. -Nil- Ex.A-2terms of sanction letter,dt.20.12.2008 Ex.A-3demand promissory note, dt.20.12.2008 Ex.A-4loan arrangement, dt.20.12.2008 Ex.A-5specimen letter authority, dt.20.12.2008. Ex.A-6undertaking, dt.20.12.2008. Ex.A-7revival letter, dt.20.12.2008 Ex.A-8notice issued by bank, dt.1.8.2014 Ex.A-9returned postal cover, dt.2.8.2014 Ex.A1is revival letter, dt.15.11.2011 0 ExA11Ledger sheet.
SENIOR CIVIL JUDGE,
NIRMAL.