Sri P.Sai Ram

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.407 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s.GaaliRamaswamy Powerlooms, Rep. by its Proprietor, Gaali Ramaswamy, S/o. Pitchaiah, aged about 46 years, Business, BlockA11,S.No.34/1B&1C, Remalle village, Krishna District.

… Defendant

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court delivered the following: -

// J U D G M E N T //

1. This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,36,829/- together with interest.

2.The brief averments of the plaint are as follows : The Plaintiff Bank is a body corporate constituted under the Banking companies (Acquisition &

Transfer of Undertaking) Act, 1970 as amended by the Banking Laws

Amendment Act, 1985 and having its Head office at No.10, BTM Saravani,

Kolkata and a branch office amongst their places at Hanuman Junction.

The Plaintiff Bank sanctioned a cash credit limit of Rs.1,50,000/- (Rupees

One Lakh Fifty Thousand Only) to the Defendant for his business purpose on 07.05.2018, which includes the margin money (10% of loan amount) to be deposited by the borrower. On the said date the Defendant executed an

Agreement of Hypothecation of goods to secure a Demand Cash Credit of Rs.1,35,000/- Hypothecation stock and Two Power loom Machines under CGTMSE cover and other loan document and it was agreed that the

Defendant should repay the said loan in 54 Equated Monthly Installments with a moratorium Period of six months with interest of 9.6% per a annum with monthly rests. The rate of interest is subject to change from time to time as per directions of the Reserve Bank of India. The Plaintiff Bank opened an account in the name of the Defendant in their Books of Account and all the incidental charges have been duly debited to the loan account and payments made by the Defendant are credited to his loan account, as per the terms and conditions of the Agreement. The payment made by the Defendant save the limitation. An amount of Rs.1,27,313.50 ps., interest applied up to 31.03.2021, is due on the suit amount. The

Defendant has been quite indifferent and irregular in maintaining the suit cash credit account. He stopped furnishing the statements and returns of the cost and market value of the hypothecated goods. In spite of several reminders, demands, notices of the Plaintiff bank the Defendant has not evince any interest to repay the amount due in the suit loan account.

Hence the loan account of the Defendant became NPA on 31.03.2021.

Hence the Plaintiff’s bank is constrained to file the suit for recovery of the debt with cost.

3.The defendant received summons and filed written statement. The facts of the written statement are as follows:

1. The defendant submit that the defendant is a member of M/s. Suchi

Mutually aided Cooperative Producers and Consumers Society

Limited, Remalle. The members of the said society established the

MSME units in the area with a good and bold aim to develop the lady entrepreneurs and the Hon'ble Union Government also encouraged the goal of the society and subsidy also. The members of the society are a new in our area because of scope of the market in our state are very less. It is further humbly submit that due to Covid-19 and economical crisis the defendant failed to repay the installments regularly. Even now also there is good market to the products manufactured by the defendant. Hence, he prayed to dismiss the suit against the defendant with costs.

4. On perusal of the plaint, written statement and concerned documents, this Court found no issue.

5. Heard arguments on behalf of plaintiff. The defendant did not come forward to submit arguments.

6. Order XV of CPC as follows: Disposal of the Suit at the first hearing:

7. Parties not at issue. (1) Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the

Court may at once pronounce judgment.

8. The averments of the plaint coupled with plaint documents shows that the Defendant approached the Plaintiff bank on 07.05.2018 for loan of

Rs.1,50,000/- for his business purpose and the plaintiff bank sanctioned the said loan to the defendant and the defendant executed necessary documents in favour of the plaintiff bank but did not choose to repay the loan amount. The defendant did not deny the case of the plaintiff. The only contention of the defendant is that due to Covid-19 the defendant could not repay the amount due to the plaintiff bank. Hence, the plaintiff’s bank is entitled to recover the suit amount from the defendant.

Point is answered accordingly.

In the result, suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,36,829/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,27,313.50 ps.,

Typed to my dictation by Stenographer Gr.III of II Addl. Junior Civil Judge’s

Court, Nuzvid, corrected and pronounced by me in the Open Court on this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF OR FOR DEFENDANT

--Nil--

DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:

--Nil--

DOCUMENTS MARKED ON BEHALF OF DEFENDANT:

--Nil--

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.407 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s.GaaliRamaswamy Powerlooms, Rep. by its Proprietor, Gaali Ramaswamy, S/o. Pitchaiah, aged about 46 years, Business, BlockA11,S.No.34/1B&1C, Remalle village, Krishna District.

… Defendant

This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,36,829/- together with interest.

Valuation and Court Fee: Value of the suit for the purpose of Court Fee and

Jurisdiction is Rs.1,36,829/- on which a Court fee of Rs.3826/- is paid u/sec. 20 schedule-I Article I (a) of A.P.C.F. & S.V. Act.

Cause of Action : Cause of action for the suit arose on and from when the

Defendant submitted loan application and when the Plaintiff Bank sanctioned the cash credit limit to the Defendant for her business purpose and all dates when the Defendant executed promissory note and agreement of hypothecation of goods and at Hanuman Junction village of Bapulapadu Mandal, where the

Plaintiff Bank and suit transaction took place which is within the Jurisdiction of this court.

Plaint presented 27-11-2021 and filed on 30.11.2021.

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court doth order and decree;

1.that the suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,36,829/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,27,313.50 ps. and

2.that the defendant also do pay to the plaintiff a sum of Rs.9932/- towards costs of the suit; and do bear his own costs;

Given under my hand and the seal of the Court, this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

TABLE OF COSTS

For Plaintiff For Defendant (Rs.)(Rs.) Stamp on Vakalath2-00-- Stamp on Plaint3826-00-- Stamp on process100-00-- Advocate Fee5800-00Nil-- Type charges100-00-- Writing charges100-00-- TOTAL9932-00--

II.A.J.C.J., NUZVID.

NOTE: The exhibited and non-exhibited documents have to be taken back by the parties concerned within the stipulated time with an undertaking to produce the same as and when required by the Court.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.406 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. Samatha Textiles, Rep. by its Proprietor, Gandi Anand, Remalle village.

… Defendant

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court delivered the following: -

// J U D G M E N T //

1. This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,24,738/- together with interest.

2.The brief averments of the plaint are as follows : The Plaintiff Bank is a body corporate constituted under the Banking companies (Acquisition &

Transfer of Undertaking) Act, 1970 as amended by the Banking Laws

Amendment Act, 1985 and having its Head office at No.10, BTM Saravani,

Kolkata and a branch office amongst their places at Hanuman Junction.

The Plaintiff Bank sanctioned a cash credit limit of Rs.1,50,000/- (Rupees

One Lakh Fifty Thousand Only) to the Defendant for his business purpose on 07.05.2018, which includes the margin money (10% of loan amount) to be deposited by the borrower. On the said date the Defendant executed an

Agreement of Hypothecation of goods to secure a Demand Cash Credit of Rs.1,35,000/- Hypothecation stock and Two Power loom Machines under CGTMSE cover and other loan document and it was agreed that the

Defendant should repay the said loan in 54 Equated Monthly Installments with a moratorium Period of six months with interest of 9.6% per a annum with monthly rests. The rate of interest is subject to change from time to time as per directions of the Reserve Bank of India. The Plaintiff Bank opened an account in the name of the Defendant in their Books of Account and all the incidental charges have been duly debited to the loan account and payments made by the Defendant are credited to his loan account, as per the terms and conditions of the Agreement. The payment made by the Defendant save the limitation. An amount of Rs.1,16,772.75 ps., interest applied up to 31.03.2021, is due on the suit amount. The

Defendant has been quite indifferent and irregular in maintaining the suit cash credit account. He stopped furnishing the statements and returns of the cost and market value of the hypothecated goods. In spite of several reminders, demands, notices of the Plaintiff bank the Defendant has not evince any interest to repay the amount due in the suit loan account.

Hence the loan account of the Defendant became NPA on 31.03.2021.

Hence the Plaintiff’s bank is constrained to file the suit for recovery of the debt with cost.

3.The defendant received summons and filed written statement. The facts of the written statement are as follows:

a) The defendant submit that the defendant is a member of M/s. Suchi

Mutually aided Cooperative Producers and Consumers Society

Limited, Remalle. The members of the said society established the

MSME units in the area with a good and bold aim to develop the lady entrepreneurs and the Hon'ble Union Government also encouraged the goal of the society and subsidy also. The members of the society are a new in our area because of scope of the market in our state are very less. It is further humbly submit that due to Covid-19 and economical crisis the defendant failed to repay the installments regularly. Even now also there is good market to the products manufactured by the defendant. Hence, he prayed to dismiss the suit against the defendant with costs.

4. On perusal of the plaint, written statement and concerned documents, this Court found no issue.

5. Heard arguments on behalf of plaintiff. The defendant did not come forward to submit arguments.

6. Order XV of CPC as follows: Disposal of the Suit at the first hearing:

7. Parties not at issue. (1) Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the

Court may at once pronounce judgment.

8. The averments of the plaint coupled with plaint documents shows that the Defendant approached the Plaintiff bank on 07.05.2018 for loan of

Rs.1,50,000/- for his business purpose and the plaintiff bank sanctioned the said loan to the defendant and the defendant executed necessary documents in favour of the plaintiff bank but did not choose to repay the loan amount. The defendant did not deny the case of the plaintiff. The only contention of the defendant is that due to Covid-19 the defendant could not repay the amount due to the plaintiff bank. Hence, the plaintiff’s bank is entitled to recover the suit amount from the defendant.

Point is answered accordingly.

In the result, suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,24,738/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,16,772.75 ps.,

Typed to my dictation by Stenographer Gr.III of II Addl. Junior Civil Judge’s

Court, Nuzvid, corrected and pronounced by me in the Open Court on this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF OR FOR DEFENDANT

--Nil--

DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:

--Nil--

DOCUMENTS MARKED ON BEHALF OF DEFENDANT:

--Nil--

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.406 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. Samatha Textiles, Rep. by its Proprietor, Gandi Anand, Remalle village.

… Defendant

This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,24,738/- together with interest.

Valuation and Court Fee: Value of the suit for the purpose of Court Fee and

Jurisdiction is Rs.1,24,738/- on which a Court fee of Rs.3726/- is paid u/sec. 20 schedule-I Article I (a) of A.P.C.F. & S.V. Act.

Cause of Action : Cause of action for the suit arose on and from when the

Defendant submitted loan application and when the Plaintiff Bank sanctioned the cash credit limit to the Defendant for her business purpose and all dates when the Defendant executed promissory note and agreement of hypothecation of goods and at Hanuman Junction village of Bapulapadu Mandal, where the

Plaintiff Bank and suit transaction took place which is within the Jurisdiction of this court.

Plaint presented 27-11-2021 and filed on 30.11.2021.

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court doth order and decree;

1.that the suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,24,738/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,16,772.75 ps. and

2.that the defendant also do pay to the plaintiff a sum of Rs.9470/- towards costs of the suit; and do bear his own costs;

Given under my hand and the seal of the Court, this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

TABLE OF COSTS

For Plaintiff For Defendant (Rs.)(Rs.) Stamp on Vakalath2-00-- Stamp on Plaint3726-00-- Stamp on process100-00-- Advocate Fee5442-00Nil-- Type charges100-00-- Writing charges100-00-- TOTAL9470-00--

II.A.J.C.J., NUZVID.

NOTE: The exhibited and non-exhibited documents have to be taken back by the parties concerned within the stipulated time with an undertaking to produce the same as and when required by the Court.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.417 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. Aaradhya Textiles, Rep. by its Proprietor, Ambala Hemalatha, Remalle village.

… Defendant

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court delivered the following: -

// J U D G M E N T //

1. This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,53,359/- together with interest.

2.The brief averments of the plaint are as follows : The Plaintiff Bank is a body corporate constituted under the Banking companies (Acquisition &

Transfer of Undertaking) Act, 1970 as amended by the Banking Laws

Amendment Act, 1985 and having its Head office at No.10, BTM Saravani,

Kolkata and a branch office amongst their places at Hanuman Junction.

The Plaintiff Bank sanctioned a cash credit limit of Rs.1,50,000/- (Rupees

One Lakh Fifty Thousand Only) to the Defendant for his business purpose on 07.05.2018, which includes the margin money (10% of loan amount) to be deposited by the borrower. On the said date the Defendant executed an

Agreement of Hypothecation of goods to secure a Demand Cash Credit of Rs.1,35,000/- Hypothecation stock and Two Power loom Machines under

CGTMSE cover and other loan document and it was agreed that the

Defendant should repay the said loan in 54 Equated Monthly Installments with a moratorium Period of six months with interest of 9.6% per a annum with monthly rests. The rate of interest is subject to change from time to time as per directions of the Reserve Bank of India. The Plaintiff Bank opened an account in the name of the Defendant in their Books of Account and all the incidental charges have been duly debited to the loan account and payments made by the Defendant are credited to his loan account, as per the terms and conditions of the Agreement. The payment made by the Defendant save the limitation. An amount of Rs.1,39,179.17 ps., interest applied up to 31.03.2021, is due on the suit amount. The

Defendant has been quite indifferent and irregular in maintaining the suit cash credit account. He stopped furnishing the statements and returns of the cost and market value of the hypothecated goods. In spite of several reminders, demands, notices of the Plaintiff bank the Defendant has not evince any interest to repay the amount due in the suit loan account.

Hence the loan account of the Defendant became NPA on 31.03.2021.

Hence the Plaintiff’s bank is constrained to file the suit for recovery of the debt with cost.

3.The defendant received summons and filed written statement. The facts of the written statement are as follows:

a) The defendant submit that the defendant is a member of M/s. Suchi

Mutually aided Cooperative Producers and Consumers Society

Limited, Remalle. The members of the said society established the

MSME units in the area with a good and bold aim to develop the lady entrepreneurs and the Hon'ble Union Government also encouraged the goal of the society and subsidy also. The members of the society are a new in our area because of scope of the market in our state are very less. It is further humbly submit that due to Covid-19 and economical crisis the defendant failed to repay the installments regularly. Even now also there is good market to the products manufactured by the defendant. Hence, he prayed to dismiss the suit against the defendant with costs.

4. On perusal of the plaint, written statement and concerned documents, this Court found no issue.

5. Heard arguments on behalf of plaintiff. The defendant did not come forward to submit arguments.

6. Order XV of CPC as follows: Disposal of the Suit at the first hearing:

7. Parties not at issue. (1) Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the

Court may at once pronounce judgment.

8. The averments of the plaint coupled with plaint documents shows that the Defendant approached the Plaintiff bank on 07.05.2018 for loan of

Rs.1,50,000/- for his business purpose and the plaintiff bank sanctioned the said loan to the defendant and the defendant executed necessary documents in favour of the plaintiff bank but did not choose to repay the loan amount. The defendant did not deny the case of the plaintiff. The only contention of the defendant is that due to Covid-19 the defendant could not repay the amount due to the plaintiff bank. Hence, the plaintiff’s bank is entitled to recover the suit amount from the defendant.

Point is answered accordingly.

In the result, suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,53,359/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,39,179.17 ps.,

Typed to my dictation by Stenographer Gr.III of II Addl. Junior Civil Judge’s

Court, Nuzvid, corrected and pronounced by me in the Open Court on this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF OR FOR DEFENDANT

--Nil--

DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:

--Nil--

DOCUMENTS MARKED ON BEHALF OF DEFENDANT:

--Nil--

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.417 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. Aaradhya Textiles, Rep. by its Proprietor, Ambala Hemalatha, Remalle village.

… Defendant

This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,53,359/- together with interest.

Valuation and Court Fee: Value of the suit for the purpose of Court Fee and

Jurisdiction is Rs.1,53,359/- on which a Court fee of Rs.4026/- is paid u/sec. 20 schedule-I Article I (a) of A.P.C.F. & S.V. Act.

Cause of Action : Cause of action for the suit arose on and from when the

Defendant submitted loan application and when the Plaintiff Bank sanctioned the cash credit limit to the Defendant for her business purpose and all dates when the Defendant executed promissory note and agreement of hypothecation of goods and at Hanuman Junction village of Bapulapadu Mandal, where the

Plaintiff Bank and suit transaction took place which is within the Jurisdiction of this court.

Plaint presented 27-11-2021 and filed on 30.11.2021.

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court doth order and decree;

1.that the suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,53,359/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,39,179.17 ps., and

2.that the defendant also do pay to the plaintiff a sum of Rs.10628/- towards costs of the suit; and do bear his own costs;

Given under my hand and the seal of the Court, this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

TABLE OF COSTS

For Plaintiff For Defendant (Rs.)(Rs.) Stamp on Vakalath2-00-- Stamp on Plaint4026-00-- Stamp on process100-00-- Advocate Fee6300-00Nil-- Type charges100-00-- Writing charges100-00-- TOTAL10628-00--

II.A.J.C.J., NUZVID.

NOTE: The exhibited and non-exhibited documents have to be taken back by the parties concerned within the stipulated time with an undertaking to produce the same as and when required by the Court.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.419 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. RR Textiles, Rep. by Proprietor, Kondapalli Sukanya, Remalle village.

… Defendant

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court delivered the following: -

// J U D G M E N T //

1. This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,61,145/- together with interest.

2.The brief averments of the plaint are as follows : The Plaintiff Bank is a body corporate constituted under the Banking companies (Acquisition &

Transfer of Undertaking) Act, 1970 as amended by the Banking Laws

Amendment Act, 1985 and having its Head office at No.10, BTM Saravani,

Kolkata and a branch office amongst their places at Hanuman Junction.

The Plaintiff Bank sanctioned a cash credit limit of Rs.1,50,000/- (Rupees

One Lakh Fifty Thousand Only) to the Defendant for his business purpose on 05.05.2018, which includes the margin money (10% of loan amount) to be deposited by the borrower. On the said date the Defendant executed an

Agreement of Hypothecation of goods to secure a Demand Cash Credit of Rs.1,35,000/- Hypothecation stock and Two Power loom Machines under CGTMSE cover and other loan document and it was agreed that the

Defendant should repay the said loan in 54 Equated Monthly Installments with a moratorium Period of six months with interest of 9.6% per a annum with monthly rests. The rate of interest is subject to change from time to time as per directions of the Reserve Bank of India. The Plaintiff Bank opened an account in the name of the Defendant in their Books of Account and all the incidental charges have been duly debited to the loan account and payments made by the Defendant are credited to his loan account, as per the terms and conditions of the Agreement. The payment made by the Defendant save the limitation. An amount of Rs.1,32,486 ps., interest applied up to 31.03.2021, is due on the suit amount. The

Defendant has been quite indifferent and irregular in maintaining the suit cash credit account. He stopped furnishing the statements and returns of the cost and market value of the hypothecated goods. In spite of several reminders, demands, notices of the Plaintiff bank the Defendant has not evince any interest to repay the amount due in the suit loan account.

Hence the loan account of the Defendant became NPA on 31.03.2021.

Hence the Plaintiff’s bank is constrained to file the suit for recovery of the debt with cost.

3.The defendant received summons and filed written statement. The facts of the written statement are as follows:

a) The defendant submit that the defendant is a member of M/s. Suchi

Mutually aided Cooperative Producers and Consumers Society

Limited, Remalle. The members of the said society established the

MSME units in the area with a good and bold aim to develop the lady entrepreneurs and the Hon'ble Union Government also encouraged the goal of the society and subsidy also. The members of the society are a new in our area because of scope of the market in our state are very less. It is further humbly submit that due to Covid-19 and economical crisis the defendant failed to repay the installments regularly. Even now also there is good market to the products manufactured by the defendant. Hence, he prayed to dismiss the suit against the defendant with costs.

4. On perusal of the plaint, written statement and concerned documents, this Court found no issue.

5. Heard arguments on behalf of plaintiff. The defendant did not come forward to submit arguments.

6. Order XV of CPC as follows: Disposal of the Suit at the first hearing:

7. Parties not at issue. (1) Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the

Court may at once pronounce judgment.

8. The averments of the plaint coupled with plaint documents shows that the Defendant approached the Plaintiff bank on 05.05.2018 for loan of

Rs.1,50,000/- for her business purpose and the plaintiff bank sanctioned the said loan to the defendant and the defendant executed necessary documents in favour of the plaintiff bank but did not choose to repay the loan amount. The defendant did not deny the case of the plaintiff. The only contention of the defendant is that due to Covid-19 the defendant could not repay the amount due to the plaintiff bank. Hence, the plaintiff’s bank is entitled to recover the suit amount from the defendant.

Point is answered accordingly.

In the result, suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,61,145/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,32,486 ps.,

Typed to my dictation by Stenographer Gr.III of II Addl. Junior Civil Judge’s

Court, Nuzvid, corrected and pronounced by me in the Open Court on this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF OR FOR DEFENDANT

--Nil--

DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:

--Nil--

DOCUMENTS MARKED ON BEHALF OF DEFENDANT:

--Nil--

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.419 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. RR Textiles, Rep. by Proprietor, Kondapalli Sukanya, Remalle village.

… Defendant

This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,61,145/- together with interest.

Valuation and Court Fee: Value of the suit for the purpose of Court Fee and

Jurisdiction is Rs.1,61,145/- on which a Court fee of Rs.4126/- is paid u/sec. 20 schedule-I Article I (a) of A.P.C.F. & S.V. Act.

Cause of Action : Cause of action for the suit arose on and from when the

Defendant submitted loan application and when the Plaintiff Bank sanctioned the cash credit limit to the Defendant for her business purpose and all dates when the Defendant executed promissory note and agreement of hypothecation of goods and at Hanuman Junction village of Bapulapadu Mandal, where the

Plaintiff Bank and suit transaction took place which is within the Jurisdiction of this court.

Plaint presented 27-11-2021 and filed on 30.11.2021.

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court doth order and decree;

1.that the suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,61,145/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of Rs.1,32,486 ps. and

2.that the defendant also do pay to the plaintiff a sum of Rs.10,928/- towards costs of the suit; and do bear his own costs;

Given under my hand and the seal of the Court, this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

TABLE OF COSTS

For Plaintiff For Defendant (Rs.)(Rs.) Stamp on Vakalath2-00-- Stamp on Plaint4126-00-- Stamp on process100-00-- Advocate Fee6500-00Nil-- Type charges100-00-- Writing charges100-00-- TOTAL10928-00--

II.A.J.C.J., NUZVID.

NOTE: The exhibited and non-exhibited documents have to be taken back by the parties concerned within the stipulated time with an undertaking to produce the same as and when required by the Court.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.418 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. MM Textiles, Rep. by its Proprietor, Mangalagiri Srinalini, Remalle village.

… Defendant

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court delivered the following: -

// J U D G M E N T //

1. This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,54,504/- together with interest.

2.The brief averments of the plaint are as follows : The Plaintiff Bank is a body corporate constituted under the Banking companies (Acquisition &

Transfer of Undertaking) Act, 1970 as amended by the Banking Laws

Amendment Act, 1985 and having its Head office at No.10, BTM Saravani,

Kolkata and a branch office amongst their places at Hanuman Junction.

The Plaintiff Bank sanctioned a cash credit limit of Rs.1,50,000/- (Rupees

One Lakh Fifty Thousand Only) to the Defendant for his business purpose on 05.05.2018, which includes the margin money (10% of loan amount) to be deposited by the borrower. On the said date the Defendant executed an

Agreement of Hypothecation of goods to secure a Demand Cash Credit of Rs.1,35,000/- Hypothecation stock and Two Power loom Machines under CGTMSE cover and other loan document and it was agreed that the

Defendant should repay the said loan in 54 Equated Monthly Installments with a moratorium Period of six months with interest of 9.6% per a annum with monthly rests. The rate of interest is subject to change from time to time as per directions of the Reserve Bank of India. The Plaintiff Bank opened an account in the name of the Defendant in their Books of Account and all the incidental charges have been duly debited to the loan account and payments made by the Defendant are credited to his loan account, as per the terms and conditions of the Agreement. The payment made by the Defendant save the limitation. An amount of Rs.1,40,113/- interest applied up to 31.03.2021, is due on the suit amount. The Defendant has been quite indifferent and irregular in maintaining the suit cash credit account. He stopped furnishing the statements and returns of the cost and market value of the hypothecated goods. In spite of several reminders, demands, notices of the Plaintiff bank the Defendant has not evince any interest to repay the amount due in the suit loan account. Hence the loan account of the Defendant became NPA on 31.03.2021. Hence the Plaintiff’s bank is constrained to file the suit for recovery of the debt with cost.

3.The defendant received summons and filed written statement. The facts of the written statement are as follows:

a) The defendant submit that the defendant is a member of M/s. Suchi

Mutually aided Cooperative Producers and Consumers Society

Limited, Remalle. The members of the said society established the

MSME units in the area with a good and bold aim to develop the lady entrepreneurs and the Hon'ble Union Government also encouraged the goal of the society and subsidy also. The members of the society are a new in our area because of scope of the market in our state are very less. It is further humbly submit that due to Covid-19 and economical crisis the defendant failed to repay the installments regularly. Even now also there is good market to the products manufactured by the defendant. Hence, he prayed to dismiss the suit against the defendant with costs.

4. On perusal of the plaint, written statement and concerned documents, this Court found no issue.

5. Heard arguments on behalf of plaintiff. The defendant did not come forward to submit arguments.

6. Order XV of CPC as follows: Disposal of the Suit at the first hearing:

7. Parties not at issue. (1) Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the

Court may at once pronounce judgment.

8. The averments of the plaint coupled with plaint documents shows that the Defendant approached the Plaintiff bank on 05.05.2018 for loan of

Rs.1,50,000/- for her business purpose and the plaintiff bank sanctioned the said loan to the defendant and the defendant executed necessary documents in favour of the plaintiff bank but did not choose to repay the loan amount. The defendant did not deny the case of the plaintiff. The only contention of the defendant is that due to Covid-19 the defendant could not repay the amount due to the plaintiff bank. Hence, the plaintiff’s bank is entitled to recover the suit amount from the defendant.

Point is answered accordingly.

In the result, suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,54,504/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of

Rs.1,40,113/-.

Typed to my dictation by Stenographer Gr.III of II Addl. Junior Civil Judge’s

Court, Nuzvid, corrected and pronounced by me in the Open Court on this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF OR FOR DEFENDANT

--Nil--

DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:

--Nil--

DOCUMENTS MARKED ON BEHALF OF DEFENDANT:

--Nil--

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

IN THE COURT OF II ADDITIONAL JUNIOR CIVIL JUDGE: NUZVID

Present: Sri Sai Ram Potharlanka

II Addl. Junior Civil Judge, Nuzvid.

Thursday, this the 13th day of April, 2023

O.S. No.418 / 2021

BETWEEN :

UCO Bank, Hanuman Junction Branch, Rep. by its Brach Manager, RayuduHemanth,S/o Satyanarayana, R/o. Hanuman Junction. … Plaintiff

A N D

M/s. MM Textiles, Rep. by its Proprietor, Mangalagiri Srinalini, Remalle village.

… Defendant

This is a suit filed by the Plaintiff-UCO-Bank, Hanuman Junction branch against the defendant for recovery of Rs.1,54,504/- together with interest.

Valuation and Court Fee: Value of the suit for the purpose of Court Fee and

Jurisdiction is Rs.1,54,504/- on which a Court fee of Rs.4026/- is paid u/sec. 20 schedule-I Article I (a) of A.P.C.F. & S.V. Act.

Cause of Action : Cause of action for the suit arose on and from when the

Defendant submitted loan application and when the Plaintiff Bank sanctioned the cash credit limit to the Defendant for her business purpose and all dates when the Defendant executed promissory note and agreement of hypothecation of goods and at Hanuman Junction village of Bapulapadu Mandal, where the

Plaintiff Bank and suit transaction took place which is within the Jurisdiction of this court.

Plaint presented 27-11-2021 and filed on 30.11.2021.

The suit is coming on before me to this day on 03.04.2023 for consideration in the presence of Sri V.Raja Suresh, Advocate for the Plaintiff and of Sri S. Vijaya

Kumar, Advocate for the defendant, and the matter having stood over for consideration till this day, this Court doth order and decree;

1.that the suit is decreed with costs in favour of plaintiff bank, against the defendant for a sum of Rs.1,54,504/- with subsequent interest @ 6% p.a. from the date of suit till the date of realization on principal loan amount of Rs.1,40,113/-

and

2.that the defendant also do pay to the plaintiff a sum of Rs.10,663/- towards costs of the suit; and do bear his own costs;

Given under my hand and the seal of the Court, this the 13th day of April, 2023.

II ADDL. JUNIOR CIVIL JUDGE,

NUZVID.

TABLE OF COSTS

For Plaintiff For Defendant (Rs.)(Rs.) Stamp on Vakalath2-00-- Stamp on Plaint4026-00-- Stamp on process100-00-- Advocate Fee6335-00Nil-- Type charges100-00-- Writing charges100-00-- TOTAL10663-00--

II.A.J.C.J., NUZVID.

NOTE: The exhibited and non-exhibited documents have to be taken back by the parties concerned within the stipulated time with an undertaking to produce the same as and when required by the Court.