Smt. Nikita Sengar

C.C.No. 963/2019 1

IN THE COURT OF THE XIII ADDITIONAL JUDICIAL

MAGISTRATE OF FIRST CLASS ::ANAKAPALLE

Present: SMT. B.V. VIJAY LAXMI. XII Addl. Judicial Magistrate of First Class, Anakapalle, (FAC) XIII Addl. Judicial Magistrate of First Class, Anakapalle

Friday, this the 24th day of April, 2026

C.C. No.963/2019

(Cr.No.13/2019)

Between: State, rep. by the Sub Inspector of Police, Women Police Station, Anakapalli.

…Complainant A n d: Venkata Sheshubabu Sunkaranam @ S.V.Sheshubabu, S/o Purushothamaraju, 33 years, R/o Anakapalle, Visakhapatnam District …Accused

This case is coming on 24.04.2026 for final hearing before me in the presence of Assistant Public Prosecutor for the complainant and of Sri K.Sairam, Advocate for accused and having stood over for consideration till this day, this court delivered the following:-

J U D G M E N T

01.The Inspector of Police, Women Police Station, Anakapalli filed charge sheet against the accused in Crime No.13/2019 of

Anakapalli Women Police Station under Sections 498-A IPC.

02. The brief facts of the case of prosecution is that:

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 2 (I)LW1/Sunkaram Aruna is the defacto complainant and the wife of accused A1, LW2 Aripaka Nagamani and LW3 Aripaka Ananda Rao are the parents of LW1, LW4/ Jami Ratna Kumari is the younger sister of A1, LW5/S.K.Munni, LW6/Koppu Dhanalakshmi and LW7/ Notala

Nookaratnam are the independent witnesses and LW8/Vadde

Srilakshmi is the maid servant working in the house of LW1 and A1.

LW9/Marturu Kondalarao is the friend of A1. LW10 L.Ramnanamma is the investigating officer. LW11/P.Kameswararao, SI of Police who verified the investigation of LW10 and filed charge sheet against the accused.

03.LW1/Sunkaram Aruna is residing at Narasingaraopeta,

Anakapalle is a tenant. Her love marriage was performed during 21st

April 2019 at Annavaram Devastanam with Venkata Sheshubabu

Sunkaranam @ S.V.Sheshubabu/Accused. She gave birth to two male children. Her husband was previously working as a journalist at

Anakapalle. At present her husband is not working anywhere. Her husband looked after her wellness for few days only thereafter he used to come in drunken state and harassed her both physically and mentally by suspecting her. LW1 is working in a medical shop and looking after the children and paying rent for the house. But still her husband used to beat, abuse her in filthy language unnecessarily without any reason. She bore all the harassment for long time. The

LW2 and LW3 asked about his behavior but there is no change in the attitude of the accused. When she goes to her duty, he used to follow her on the road and abuse her. Due to his behavior, the house owner

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 3 used to tell them to vacate the house.

04.Basing on the report of LW1 complainant, WHC 85 registered the same as case in Cr.No.13/2019 for the offence U/sec 498-A IPC of Woman PS, Anakapalle on 16-07-2018 at 1330 hours, as the Superior officers are engaged on other duties. The original FIR along with the original report of the complainant was submitted to the

Hon’ble court of V Metropolitan Magistrate, Anakapalle and remaining

copies of FIR to all concerned officers. During the course of investigation LW10 visited the scene of offence and prepared rough sketch of the same. LW10 examined as many as 9 witnesses and recorded their statements in part – II case diary. As per the version of the independent witnesses and relatives the prima - facie case was proved the against the accused. On 17-07-2019 notice u/sec 41 A

CrPC notice was served to the accused and executed bond against him on 19-07-2019. After completion of investigation LW11 verified the investigation done by LW10 and filed charge sheet against the accused. The accused harassed LW1 and subjected to her cruelty by way of ill treating her and harassed her both mentally and physically.

Hence is liable for punishment u/sec 498-A IPC . Hence the charge.

05.The cognizance was taken for the offence under Section 498-A IPC against accused.

06.On appearance of accused, the copies of documents was furnished to him as contemplated u/s.207 of Cr.P.C.

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 4

07.Accused was examined u/s.239 of Cr.P.C. Charges for the offence under Sections 498-A IPC against accused was framed and the same was read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

08. During the course of trial, on behalf of prosecution, the prosecution examined P.W.1, Exs. P.1 and P.2 are marked. The evidence of L.W.2/ A.Nagamani, LW3/ A.Anandarao, LW4/ J.Ratna

Kumari, LW5/ S.K.Munni, LW6/K.Dhanalakshmi, LW7/N.Nookaratnam,

LW8/V.Srilakshmi, LW9/ M.Kondalarao, LW10/ L.Ramanamma, SI of

Police and LW11/P.Kameswararao, Inspector of Police was given up by learned APP.

09.On closure of prosecution evidence, Accused is dispensed with u/sec 313 CrPC examination as there is no incriminating substance against the accused.

10.Heard the learned APP and the learned counsel for the

Accused.

11.Now the point which stood for determination is :

Whether the prosecution proved the guilt of accused, for

the offence under Sections 498-A IPC beyond all

reasonable doubt or not ?

12. Point:

LW1/Sunkaram Aruna is residing at Narasingaraopeta, Anakapalle is a tenant. Her love marriage was performed during 21st April 2019 at

Annavaram Devastanam with Venkata Sheshubabu Sunkaranam @

S.V.Sheshubabu/Accused. She gave birth to two male children. Her

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 5 husband was previously working as a journalist at Anakapalle. At present her husband is not working anywhere. Her husband looked after her wellness for few days only thereafter he used to come in drunken state and harassed her both physically and mentally by suspecting her. LW1 is working in a medical shop and looking after the children and paying rent for the house. But still her husband used to beat, abuse her in filthy language unnecessarily without any reason. She bore all the harassment for long time. The LW2 and LW3 asked about his behavior but there is no change in the attitude of the accused. When she goes to her duty, he used to follow her on the road and abuse her. Due to his behavior, the house owner used to tell them to vacate the house.

13.The PW1 in her chief examination stated that accused is her husband. In the year 2009 she married with the accused and their marriage is a love marriage. Later on trivial disputes arose between them and the same was placed before the elders and on the intervention of the elders their disputes were pacified. At the time of placing the dispute before the elders the elders obtained her signature on a written paper. She do not know the contents of the written paper and she identified her signature. Ex.P1 is the signature on the report and the police did not examine her and not recorded her statement by saying so she turned hostile and her

Sec.161 CrPC statement is marked as Ex.P2. In order to prove the case u/sec 498-A IPC the wife of the accused must established at the husband caused harassment to the wife physically and mentally but

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 6 in this case PW1 did not stated anything regarding the harassment of the accused and she stated that some trivial disputes arose in between them which was pacified on the intervention of the elders.

14. Under these circumstances, the prosecution failed to prove the guilt of the accused beyond reasonable doubt and as such the accused is entitled to be acquitted. Accordingly, this point is answered.

15.In the result, Accused is found not guilty for the offence u/sec.498-A of IPC and he is acquitted u/sec.248(1) Cr.P.C. The

Superintendent, Central Jail, Visakhapatnam is directed to release the accused forthwith if he is not required in any other case.

Typed to dictation to the Typist, typed by her, corrected and pronounced by me in open court this the 24th day of April, 2026.

Sd/- B.V.Vijay Laxmi

XII Addl. Judicial Magistrate, (FAC) XIII Addl. Judicial Magistrate, Anakapalle

Appendix of evidence

No. of witnesses examined for

Prosecution:Defence: None

P.W.1 … Sunkaram Aruna

No. of exhibits marked for

Prosecution:Defence: Nil

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 7

Ex.P.1 .. Report given by P.W.1

Ex.P.2 … 161 Cr.P.C. statement of P.W.2

No. of material objects marked - Nil -

Sd/- B.V.Vijay Laxmi

XII Addl. Judicial Magistrate, (FAC) XIII Addl. Judicial Magistrate, Anakapalle .

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

C.C.No. 963/2019 8

XII A.M.M. Ankp, (FAC) XIII AMM, Akp.,

O.S.No.198/2023

Page 1 //FAIR//RCC-IV AJCJ, VSP

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, This Court delivered the following judgment:

J U D G M E N T

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

O.S.No.198/2023

Page 2 //FAIR//RCC-IV AJCJ, VSP

2.The averments of the plaint affidavit in brief are as follows:

According to the plaintiff, the plaintiff has sanctioned a sum of Rs.

5,60,000/- to the defendant towards vehicle loan vide sanction letter dt 5.9.2015 and the terms and conditions therein were duly accepted by the defendant. As per the terms and conditions of the said sanction letter, the defendant has agreed to repay the loan amount together with contractual rate of interest at the rate of 10.65 percent per annum which is payable at requested monthly installments at the rate of Rs.12,327/- per installment commencing from 31.10.2015 to the repaid in 59 EMI’s and the interest rate varies from time to time as per the RBI guidelines the defendant agreed for the above mentioned interest rates. The defendant has executed relevant documents in favour of the plaintiff and advances on hypothecation of vehicles

dt 5.9.2015. The defendant has purchased Tata Zest four wheeler vehicle with

the loan sanction by the plaintiff and the said vehicle was registered as AP 31

CX 0369 under account bearing NO. 35907790000406. The defendant have committed willful default in payment of loan installments to the plaintiff bank and he is regularly irregular in payment of installments in respect of the loan availed by him and finally the defendant’s account bearing NO.

35907790000406 became non performing asset (NPA) in the books of plaintiff bank on 02.05.2019 as such, the defendant is liable to pay contractual rate of interest. The outstanding in the loan account of the defendant is

Rs.2,55,706.44 ps as on 10.2.2020. Therefore, the plaintiff is constrained to file this suit.

3. Summons to the defendant served, defendant called absent, no representation, hence defendant is set exparte.

O.S.No.198/2023

Page 3 //FAIR//RCC-IV AJCJ, VSP

4.Heard the plaintiff counsel. After perusal of the plaint and suit documents, the following points were framed before the Court:

1. Whether the plaintiff bank is entitled for recovery of the suit amount with interest as prayed for?

2. To what relief?

5.On behalf of the plaintiff bank, Manager(SARC) of plaintiff bank was examined as PW.1 and his chief examination affidavit was affirmed on oath and treated as his examination in chief. Pw1 is the chief Manager of the plaintiff bank who got filed Ex.A1 to A8 on his behalf. Ex. A1 to A8 were marked through PW.1. i.e Ex. A1 is the authorization letter dt. 25.11.2024,Ex.

A2 is the original loan application dt 4.9.2015, Ex. A3 is the original composite hypothecation agreement dt 4.9.2024, Ex. A4 is the sanction letter dt.

5.9.2015, Ex. A5 is the advances on hypothecation of vehicles dt 5.9.2015, Ex.

A6 is the request letter of Canara bank to Deputy Transport Commissioner,. Dt 18.3.2021, Ex. A7 is the acknowledgment of debt dt 10.2.2020 and Ex. A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

6. Point No.1 :

PW.1 reiterated the contents of the plaint in his chief examination affidavit. On perusal of Ex.A1 to A8 it is clear that the plaintiff bank sanctioned loan of on 04-09-2015 for vehicle loan the plaintiff sanctioned the personal loan facility of Rs.5,60,000/-(Rupees Five lakhs Sixty thousand only) on dt 06-09-2015 vide Account No. No. 35907790000406 upon execution of documents Ex. A2 to A8 but as the defendant irregularly paid installments, which are shown in the statement of account and committed default in payment of the installments and failed to repay the loan installments regularly,

O.S.No.198/2023

Page 4 //FAIR//RCC-IV AJCJ, VSP the loan amount of the defendant was declared as NPA, the outstanding in the loan account of the defendant is Rs.2,55,706.44/-as on 10.02.2022.

7.As the defendant remained ex parte and failed to file any evidence to establish his case and rebut the came of the plaintiff bank, the evidence of

PW.1 through his evidence affidavit and documentary evidences Ex.A1 to A8 are sufficient to prove the averments made by the plaintiff bank by preponderance of probabilities. Accordingly, point No.1 is answered in favour of the plaintiff.

8. Point No.2:

In the result, this suit is decreed in favour of the plaintiff bank and against the defendant:

(a) for an amount of Rs. 3,59,893.19 ps (Rupees Three

Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

(b)The plaintiff shall be entitled for the costs of the suit.

Dictated to the Stenographer, transcribed by her, corrected and

pronounced by me in the open Court on this the 22 nd day of

April,2025.

RCC- cum - IV Addl. CIVIL JUDGE (Jr.Div.)

VISAKHAPATNAM

APPENDIX OF EVIDENCE

Witnesses Examined

For Plaintiff:For Defendant:

PW.1: B.Vijay Kumar - NONE -

O.S.No.198/2023

Page 5 //FAIR//RCC-IV AJCJ, VSP

Exhibits Marked

For Plaintiff:

Ex. A1 is the authorization letter dt 25.11.2024,

Ex.A2 is the original loan application dt 4.9.2015,

Ex.A3 is the original composite hypothecation agreement dt 4.9.2024,

Ex.A4 is the caution letter dt. 5.9.2015,

Ex.A5 is the advances on hypothecaiton of vehicles dt 5.9.2015,

Ex.A6 is the request letter of Canara bank to Deputy Transport

Commissioner,. Dt 18.3.2021,

Ex.A7 is the acknowledgment of debt dt 10.2.2020

Ex.A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

For Defendant:- NIL -

RCC-IV ACJ(Jr.Div):VSP

O.S.No.198/2023

Page 6 //FAIR//RCC-IV AJCJ, VSP

Date of presentation: 24-01-2023 Date of filing: 17-02-2023

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

The value of the suit for the purpose of court fee and jurisdiction is Rs.

3,59,893.19 ps and court fee of Rs.6,026/- is paid under sec 20 sch-I Article

(b) & (c) of A.P.C.F. and S.V.Act.

O.S.No.198/2023

Page 7 //FAIR//RCC-IV AJCJ, VSP

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, this court doth order and;

DECREE

1. that the suit be and the same is here by decreed in favour of the plaintiff bank and against the defendant for an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

2. The defendant do also pay to the plaintiff a sum of Rs.14,212/-towards costs of the suit.

Given under my hand and seal of this Court, this the 22nd day of April,2025.

RCC-IV Addl.Civil Judge(Junior Division), Visakhapatnam.

MEMORANDUM OF COSTS.

For the Plaintiff. For the Defendant

Stamp on vakalat : 2-00 No cost memo filed.

Stamp on plaint: 6,026-00

Stamp on petition : 80-00

Advocate fee: 6,250-00

Typing charges : 100-00 publication charges : 1,764-00 -------------------

Costs allowed : 14,212-00

-------------------- RCC-IV ACJ(JD).VSP.

O.S.No.198/2023

Page 1 //FAIR//RCC-IV AJCJ, VSP

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, This Court delivered the following judgment:

J U D G M E N T

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

O.S.No.198/2023

Page 2 //FAIR//RCC-IV AJCJ, VSP

2.The averments of the plaint affidavit in brief are as follows:

According to the plaintiff, the plaintiff has sanctioned a sum of Rs.

5,60,000/- to the defendant towards vehicle loan vide sanction letter dt 5.9.2015 and the terms and conditions therein were duly accepted by the defendant. As per the terms and conditions of the said sanction letter, the defendant has agreed to repay the loan amount together with contractual rate of interest at the rate of 10.65 percent per annum which is payable at requested monthly installments at the rate of Rs.12,327/- per installment commencing from 31.10.2015 to the repaid in 59 EMI’s and the interest rate varies from time to time as per the RBI guidelines the defendant agreed for the above mentioned interest rates. The defendant has executed relevant documents in favour of the plaintiff and advances on hypothecation of vehicles

dt 5.9.2015. The defendant has purchased Tata Zest four wheeler vehicle with

the loan sanction by the plaintiff and the said vehicle was registered as AP 31

CX 0369 under account bearing NO. 35907790000406. The defendant have committed willful default in payment of loan installments to the plaintiff bank and he is regularly irregular in payment of installments in respect of the loan availed by him and finally the defendant’s account bearing NO.

35907790000406 became non performing asset (NPA) in the books of plaintiff bank on 02.05.2019 as such, the defendant is liable to pay contractual rate of interest. The outstanding in the loan account of the defendant is

Rs.2,55,706.44 ps as on 10.2.2020. Therefore, the plaintiff is constrained to file this suit.

3. Summons to the defendant served, defendant called absent, no representation, hence defendant is set exparte.

O.S.No.198/2023

Page 3 //FAIR//RCC-IV AJCJ, VSP

4.Heard the plaintiff counsel. After perusal of the plaint and suit documents, the following points were framed before the Court:

1. Whether the plaintiff bank is entitled for recovery of the suit amount with interest as prayed for?

2. To what relief?

5.On behalf of the plaintiff bank, Manager(SARC) of plaintiff bank was examined as PW.1 and his chief examination affidavit was affirmed on oath and treated as his examination in chief. Pw1 is the chief Manager of the plaintiff bank who got filed Ex.A1 to A8 on his behalf. Ex. A1 to A8 were marked through PW.1. i.e Ex. A1 is the authorization letter dt. 25.11.2024,Ex.

A2 is the original loan application dt 4.9.2015, Ex. A3 is the original composite hypothecation agreement dt 4.9.2024, Ex. A4 is the sanction letter dt.

5.9.2015, Ex. A5 is the advances on hypothecation of vehicles dt 5.9.2015, Ex.

A6 is the request letter of Canara bank to Deputy Transport Commissioner,. Dt 18.3.2021, Ex. A7 is the acknowledgment of debt dt 10.2.2020 and Ex. A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

6. Point No.1 :

PW.1 reiterated the contents of the plaint in his chief examination affidavit. On perusal of Ex.A1 to A8 it is clear that the plaintiff bank sanctioned loan of on 04-09-2015 for vehicle loan the plaintiff sanctioned the personal loan facility of Rs.5,60,000/-(Rupees Five lakhs Sixty thousand only) on dt 06-09-2015 vide Account No. No. 35907790000406 upon execution of documents Ex. A2 to A8 but as the defendant irregularly paid installments, which are shown in the statement of account and committed default in payment of the installments and failed to repay the loan installments regularly,

O.S.No.198/2023

Page 4 //FAIR//RCC-IV AJCJ, VSP the loan amount of the defendant was declared as NPA, the outstanding in the loan account of the defendant is Rs.2,55,706.44/-as on 10.02.2022.

7.As the defendant remained ex parte and failed to file any evidence to establish his case and rebut the came of the plaintiff bank, the evidence of

PW.1 through his evidence affidavit and documentary evidences Ex.A1 to A8 are sufficient to prove the averments made by the plaintiff bank by preponderance of probabilities. Accordingly, point No.1 is answered in favour of the plaintiff.

8. Point No.2:

In the result, this suit is decreed in favour of the plaintiff bank and against the defendant:

(a) for an amount of Rs. 3,59,893.19 ps (Rupees Three

Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

(b)The plaintiff shall be entitled for the costs of the suit.

Dictated to the Stenographer, transcribed by her, corrected and

pronounced by me in the open Court on this the 22 nd day of

April,2025.

RCC- cum - IV Addl. CIVIL JUDGE (Jr.Div.)

VISAKHAPATNAM

APPENDIX OF EVIDENCE

Witnesses Examined

For Plaintiff:For Defendant:

PW.1: B.Vijay Kumar - NONE -

O.S.No.198/2023

Page 5 //FAIR//RCC-IV AJCJ, VSP

Exhibits Marked

For Plaintiff:

Ex. A1 is the authorization letter dt 25.11.2024,

Ex.A2 is the original loan application dt 4.9.2015,

Ex.A3 is the original composite hypothecation agreement dt 4.9.2024,

Ex.A4 is the caution letter dt. 5.9.2015,

Ex.A5 is the advances on hypothecaiton of vehicles dt 5.9.2015,

Ex.A6 is the request letter of Canara bank to Deputy Transport

Commissioner,. Dt 18.3.2021,

Ex.A7 is the acknowledgment of debt dt 10.2.2020

Ex.A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

For Defendant:- NIL -

RCC-IV ACJ(Jr.Div):VSP

O.S.No.198/2023

Page 6 //FAIR//RCC-IV AJCJ, VSP

Date of presentation: 24-01-2023 Date of filing: 17-02-2023

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

The value of the suit for the purpose of court fee and jurisdiction is Rs.

3,59,893.19 ps and court fee of Rs.6,026/- is paid under sec 20 sch-I Article

(b) & (c) of A.P.C.F. and S.V.Act.

O.S.No.198/2023

Page 7 //FAIR//RCC-IV AJCJ, VSP

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, this court doth order and;

DECREE

1. that the suit be and the same is here by decreed in favour of the plaintiff bank and against the defendant for an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

2. The defendant do also pay to the plaintiff a sum of Rs.14,212/-towards costs of the suit.

Given under my hand and seal of this Court, this the 22nd day of April,2025.

RCC-IV Addl.Civil Judge(Junior Division), Visakhapatnam.

MEMORANDUM OF COSTS.

For the Plaintiff. For the Defendant

Stamp on vakalat : 2-00 No cost memo filed.

Stamp on plaint: 6,026-00

Stamp on petition : 80-00

Advocate fee: 6,250-00

Typing charges : 100-00 publication charges : 1,764-00 -------------------

Costs allowed : 14,212-00

-------------------- RCC-IV ACJ(JD).VSP.

O.S.No.198/2023

Page 1 //FAIR//RCC-IV AJCJ, VSP

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, This Court delivered the following judgment:

J U D G M E N T

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

O.S.No.198/2023

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2.The averments of the plaint affidavit in brief are as follows:

According to the plaintiff, the plaintiff has sanctioned a sum of Rs.

5,60,000/- to the defendant towards vehicle loan vide sanction letter dt 5.9.2015 and the terms and conditions therein were duly accepted by the defendant. As per the terms and conditions of the said sanction letter, the defendant has agreed to repay the loan amount together with contractual rate of interest at the rate of 10.65 percent per annum which is payable at requested monthly installments at the rate of Rs.12,327/- per installment commencing from 31.10.2015 to the repaid in 59 EMI’s and the interest rate varies from time to time as per the RBI guidelines the defendant agreed for the above mentioned interest rates. The defendant has executed relevant documents in favour of the plaintiff and advances on hypothecation of vehicles

dt 5.9.2015. The defendant has purchased Tata Zest four wheeler vehicle with

the loan sanction by the plaintiff and the said vehicle was registered as AP 31

CX 0369 under account bearing NO. 35907790000406. The defendant have committed willful default in payment of loan installments to the plaintiff bank and he is regularly irregular in payment of installments in respect of the loan availed by him and finally the defendant’s account bearing NO.

35907790000406 became non performing asset (NPA) in the books of plaintiff bank on 02.05.2019 as such, the defendant is liable to pay contractual rate of interest. The outstanding in the loan account of the defendant is

Rs.2,55,706.44 ps as on 10.2.2020. Therefore, the plaintiff is constrained to file this suit.

3. Summons to the defendant served, defendant called absent, no representation, hence defendant is set exparte.

O.S.No.198/2023

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4.Heard the plaintiff counsel. After perusal of the plaint and suit documents, the following points were framed before the Court:

1. Whether the plaintiff bank is entitled for recovery of the suit amount with interest as prayed for?

2. To what relief?

5.On behalf of the plaintiff bank, Manager(SARC) of plaintiff bank was examined as PW.1 and his chief examination affidavit was affirmed on oath and treated as his examination in chief. Pw1 is the chief Manager of the plaintiff bank who got filed Ex.A1 to A8 on his behalf. Ex. A1 to A8 were marked through PW.1. i.e Ex. A1 is the authorization letter dt. 25.11.2024,Ex.

A2 is the original loan application dt 4.9.2015, Ex. A3 is the original composite hypothecation agreement dt 4.9.2024, Ex. A4 is the sanction letter dt.

5.9.2015, Ex. A5 is the advances on hypothecation of vehicles dt 5.9.2015, Ex.

A6 is the request letter of Canara bank to Deputy Transport Commissioner,. Dt 18.3.2021, Ex. A7 is the acknowledgment of debt dt 10.2.2020 and Ex. A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

6. Point No.1 :

PW.1 reiterated the contents of the plaint in his chief examination affidavit. On perusal of Ex.A1 to A8 it is clear that the plaintiff bank sanctioned loan of on 04-09-2015 for vehicle loan the plaintiff sanctioned the personal loan facility of Rs.5,60,000/-(Rupees Five lakhs Sixty thousand only) on dt 06-09-2015 vide Account No. No. 35907790000406 upon execution of documents Ex. A2 to A8 but as the defendant irregularly paid installments, which are shown in the statement of account and committed default in payment of the installments and failed to repay the loan installments regularly,

O.S.No.198/2023

Page 4 //FAIR//RCC-IV AJCJ, VSP the loan amount of the defendant was declared as NPA, the outstanding in the loan account of the defendant is Rs.2,55,706.44/-as on 10.02.2022.

7.As the defendant remained ex parte and failed to file any evidence to establish his case and rebut the came of the plaintiff bank, the evidence of

PW.1 through his evidence affidavit and documentary evidences Ex.A1 to A8 are sufficient to prove the averments made by the plaintiff bank by preponderance of probabilities. Accordingly, point No.1 is answered in favour of the plaintiff.

8. Point No.2:

In the result, this suit is decreed in favour of the plaintiff bank and against the defendant:

(a) for an amount of Rs. 3,59,893.19 ps (Rupees Three

Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

(b)The plaintiff shall be entitled for the costs of the suit.

Dictated to the Stenographer, transcribed by her, corrected and

pronounced by me in the open Court on this the 22 nd day of

April,2025.

RCC- cum - IV Addl. CIVIL JUDGE (Jr.Div.)

VISAKHAPATNAM

APPENDIX OF EVIDENCE

Witnesses Examined

For Plaintiff:For Defendant:

PW.1: B.Vijay Kumar - NONE -

O.S.No.198/2023

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Exhibits Marked

For Plaintiff:

Ex. A1 is the authorization letter dt 25.11.2024,

Ex.A2 is the original loan application dt 4.9.2015,

Ex.A3 is the original composite hypothecation agreement dt 4.9.2024,

Ex.A4 is the caution letter dt. 5.9.2015,

Ex.A5 is the advances on hypothecaiton of vehicles dt 5.9.2015,

Ex.A6 is the request letter of Canara bank to Deputy Transport

Commissioner,. Dt 18.3.2021,

Ex.A7 is the acknowledgment of debt dt 10.2.2020

Ex.A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

For Defendant:- NIL -

RCC-IV ACJ(Jr.Div):VSP

O.S.No.198/2023

Page 6 //FAIR//RCC-IV AJCJ, VSP

Date of presentation: 24-01-2023 Date of filing: 17-02-2023

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

The value of the suit for the purpose of court fee and jurisdiction is Rs.

3,59,893.19 ps and court fee of Rs.6,026/- is paid under sec 20 sch-I Article

(b) & (c) of A.P.C.F. and S.V.Act.

O.S.No.198/2023

Page 7 //FAIR//RCC-IV AJCJ, VSP

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, this court doth order and;

DECREE

1. that the suit be and the same is here by decreed in favour of the plaintiff bank and against the defendant for an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

2. The defendant do also pay to the plaintiff a sum of Rs.14,212/-towards costs of the suit.

Given under my hand and seal of this Court, this the 22nd day of April,2025.

RCC-IV Addl.Civil Judge(Junior Division), Visakhapatnam.

MEMORANDUM OF COSTS.

For the Plaintiff. For the Defendant

Stamp on vakalat : 2-00 No cost memo filed.

Stamp on plaint: 6,026-00

Stamp on petition : 80-00

Advocate fee: 6,250-00

Typing charges : 100-00 publication charges : 1,764-00 -------------------

Costs allowed : 14,212-00

-------------------- RCC-IV ACJ(JD).VSP.

O.S.No.198/2023

Page 1 //FAIR//RCC-IV AJCJ, VSP

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, This Court delivered the following judgment:

J U D G M E N T

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

O.S.No.198/2023

Page 2 //FAIR//RCC-IV AJCJ, VSP

2.The averments of the plaint affidavit in brief are as follows:

According to the plaintiff, the plaintiff has sanctioned a sum of Rs.

5,60,000/- to the defendant towards vehicle loan vide sanction letter dt 5.9.2015 and the terms and conditions therein were duly accepted by the defendant. As per the terms and conditions of the said sanction letter, the defendant has agreed to repay the loan amount together with contractual rate of interest at the rate of 10.65 percent per annum which is payable at requested monthly installments at the rate of Rs.12,327/- per installment commencing from 31.10.2015 to the repaid in 59 EMI’s and the interest rate varies from time to time as per the RBI guidelines the defendant agreed for the above mentioned interest rates. The defendant has executed relevant documents in favour of the plaintiff and advances on hypothecation of vehicles

dt 5.9.2015. The defendant has purchased Tata Zest four wheeler vehicle with

the loan sanction by the plaintiff and the said vehicle was registered as AP 31

CX 0369 under account bearing NO. 35907790000406. The defendant have committed willful default in payment of loan installments to the plaintiff bank and he is regularly irregular in payment of installments in respect of the loan availed by him and finally the defendant’s account bearing NO.

35907790000406 became non performing asset (NPA) in the books of plaintiff bank on 02.05.2019 as such, the defendant is liable to pay contractual rate of interest. The outstanding in the loan account of the defendant is

Rs.2,55,706.44 ps as on 10.2.2020. Therefore, the plaintiff is constrained to file this suit.

3. Summons to the defendant served, defendant called absent, no representation, hence defendant is set exparte.

O.S.No.198/2023

Page 3 //FAIR//RCC-IV AJCJ, VSP

4.Heard the plaintiff counsel. After perusal of the plaint and suit documents, the following points were framed before the Court:

1. Whether the plaintiff bank is entitled for recovery of the suit amount with interest as prayed for?

2. To what relief?

5.On behalf of the plaintiff bank, Manager(SARC) of plaintiff bank was examined as PW.1 and his chief examination affidavit was affirmed on oath and treated as his examination in chief. Pw1 is the chief Manager of the plaintiff bank who got filed Ex.A1 to A8 on his behalf. Ex. A1 to A8 were marked through PW.1. i.e Ex. A1 is the authorization letter dt. 25.11.2024,Ex.

A2 is the original loan application dt 4.9.2015, Ex. A3 is the original composite hypothecation agreement dt 4.9.2024, Ex. A4 is the sanction letter dt.

5.9.2015, Ex. A5 is the advances on hypothecation of vehicles dt 5.9.2015, Ex.

A6 is the request letter of Canara bank to Deputy Transport Commissioner,. Dt 18.3.2021, Ex. A7 is the acknowledgment of debt dt 10.2.2020 and Ex. A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

6. Point No.1 :

PW.1 reiterated the contents of the plaint in his chief examination affidavit. On perusal of Ex.A1 to A8 it is clear that the plaintiff bank sanctioned loan of on 04-09-2015 for vehicle loan the plaintiff sanctioned the personal loan facility of Rs.5,60,000/-(Rupees Five lakhs Sixty thousand only) on dt 06-09-2015 vide Account No. No. 35907790000406 upon execution of documents Ex. A2 to A8 but as the defendant irregularly paid installments, which are shown in the statement of account and committed default in payment of the installments and failed to repay the loan installments regularly,

O.S.No.198/2023

Page 4 //FAIR//RCC-IV AJCJ, VSP the loan amount of the defendant was declared as NPA, the outstanding in the loan account of the defendant is Rs.2,55,706.44/-as on 10.02.2022.

7.As the defendant remained ex parte and failed to file any evidence to establish his case and rebut the came of the plaintiff bank, the evidence of

PW.1 through his evidence affidavit and documentary evidences Ex.A1 to A8 are sufficient to prove the averments made by the plaintiff bank by preponderance of probabilities. Accordingly, point No.1 is answered in favour of the plaintiff.

8. Point No.2:

In the result, this suit is decreed in favour of the plaintiff bank and against the defendant:

(a) for an amount of Rs. 3,59,893.19 ps (Rupees Three

Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

(b)The plaintiff shall be entitled for the costs of the suit.

Dictated to the Stenographer, transcribed by her, corrected and

pronounced by me in the open Court on this the 22 nd day of

April,2025.

RCC- cum - IV Addl. CIVIL JUDGE (Jr.Div.)

VISAKHAPATNAM

APPENDIX OF EVIDENCE

Witnesses Examined

For Plaintiff:For Defendant:

PW.1: B.Vijay Kumar - NONE -

O.S.No.198/2023

Page 5 //FAIR//RCC-IV AJCJ, VSP

Exhibits Marked

For Plaintiff:

Ex. A1 is the authorization letter dt 25.11.2024,

Ex.A2 is the original loan application dt 4.9.2015,

Ex.A3 is the original composite hypothecation agreement dt 4.9.2024,

Ex.A4 is the caution letter dt. 5.9.2015,

Ex.A5 is the advances on hypothecaiton of vehicles dt 5.9.2015,

Ex.A6 is the request letter of Canara bank to Deputy Transport

Commissioner,. Dt 18.3.2021,

Ex.A7 is the acknowledgment of debt dt 10.2.2020

Ex.A8 is the statement of account of the defendant from 6.9.2015 to 31.12.2022.

For Defendant:- NIL -

RCC-IV ACJ(Jr.Div):VSP

O.S.No.198/2023

Page 6 //FAIR//RCC-IV AJCJ, VSP

Date of presentation: 24-01-2023 Date of filing: 17-02-2023

IN THE COURT OF RENT CONTROLLER -CUM- IV ADDITIONAL JUNIOR

CIVIL JUDGE, VISAKHAPATNAM

Present: Nikita Sengar Rent Controller -cum-, IV Addl. Junior Civil Judge, Visakhapatnam.

Tuesday, the 22nd day of April, 2025.

OS.198/2023

Between:

Canara Bank, MVP Colony branch, represented by its Chief Manager, P.Lalrokima, S/o. Ptz Thanga, Christian, age 47 years, D.No.2-35-72, Shiridi Sai Enclave, MVP Colony, Visakhapatnam. …Plaintiff

And:

Poosala Naresh, S/o. P.Appa rao, Hindu, age about 36 years, R/o. D.No.8-3-13, Flat No.202, Sri Lakshmi Narayana Vilas, Vijayanagar Palace layout, Pedawaltair, Visakhapatna.

…Defendant

This is a suit filed by the plaintiff bank against the defendant for recovery of an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine

Thousand Eight Hundred and Ninety three and Nineteen paise only) together with interest at 24% per annum from the date of suit till realization and for costs and subsequent interest .

The value of the suit for the purpose of court fee and jurisdiction is Rs.

3,59,893.19 ps and court fee of Rs.6,026/- is paid under sec 20 sch-I Article

(b) & (c) of A.P.C.F. and S.V.Act.

O.S.No.198/2023

Page 7 //FAIR//RCC-IV AJCJ, VSP

This suit is coming for final hearing before me in the presence of

Sri/Smt.K.Ch.Ramakrishna, Advocate for the plaintiff and the defendant set exparte, this court doth order and;

DECREE

1. that the suit be and the same is here by decreed in favour of the plaintiff bank and against the defendant for an amount of Rs. 3,59,893.19 ps (Rupees Three Lakhs Fifty Nine Thousand Eight Hundred and Ninety three and Nineteen paise only) with subsequent interest at the rate of 6% per annum from the date of suit till the date of realization.

2. The defendant do also pay to the plaintiff a sum of Rs.14,212/-towards costs of the suit.

Given under my hand and seal of this Court, this the 22nd day of April,2025.

RCC-IV Addl.Civil Judge(Junior Division), Visakhapatnam.

MEMORANDUM OF COSTS.

For the Plaintiff. For the Defendant

Stamp on vakalat : 2-00 No cost memo filed.

Stamp on plaint: 6,026-00

Stamp on petition : 80-00

Advocate fee: 6,250-00

Typing charges : 100-00 publication charges : 1,764-00 -------------------

Costs allowed : 14,212-00

-------------------- RCC-IV ACJ(JD).VSP.