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26.09.16
Today was fixed for passing necessary
order/exparte order.
It may be mentioned herein that
summons issued to the defendants have been
returned after service vide order dated 02.05.16,
but the defendants did not appear. Hence, the suit
proceeded exparte against the defendants.
Thereafter on 05.09.16 the plaintiff side had filed
their evidence in affidavit of the PW1 along with
some documents and case was fixed for exparte
hearing. I have heard the argument of the plaintiff
side,
He.nce the exparte judgment and order
is passed today.
This suit is for recovery of money
amounting to Rs.3,08,776.00 along with interest .
The case of the plaintiff is that it is a
nationalised banking institution carrying business of
taking deposits and granting loans through its
branches across the district of Cachar. The
defendant No.1 approached the plaintiff bank for
loan of Rs.3,75,000/- and submitted her loan
application dated 23.07.12. On 10.09.12 a loan
agreement was executed by the defendants
undertaking to make repayment of the loan amount
/
Contd. .. P/2.
0,. l.
T.S. No.LL4lL4.
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(2)
at 60 monthly installmenmts with interest at the
rate of 8% per annum. But the defendants were
negligent in making the repayment. On 08.04.14 the
plaintiff bank issued a demand notice informing
them of the outstanding amount. ln spite of several
demand notices issued to the defendants they failed
to pay up and the loan account became NPA. Hence
this suit for money decree for realisation of
Rs.3,08,776.00 along with interest from the date of
d ec ree.
ln course of the exparte hearing the
plaintiff side filed evidence in affidavit of the
plaintiff himself as PW1 and exhibited certain
documents. Ext L is the photocopy of the authority
letter, Ext 2 is the loan application dtd. 23.07.12,
Ext.3 is Bio-Data of defendant No.1, Ext.4 is
o-
interview cum app(sal form, Ext.5 is the loan
recommendation dtd. 10.09.12, Ext 6 is the loan
sanction letter dtd. 12.09.12, Ext.7 is the format
acceptance letter, Ext.8 is the term loan agreement,
Ext.9 is the deed of guarantee, Ext.10 is the Bio-
Data of the guarantor, Ext.11 is the letter dtd.
13.09.12, Ext.12 is the receipt dtd. 14.09.12, Ext.13
is the letter dtd. 07.12.12, Ext.14 is the Notice dtd.
08.04.14 and Ext.15 is the recall notice dtd.
02.05.14.
Contd. .. P/3.
(3)
I have heard the argument of the
plaintiff side exParte.
PW1 is the plaintiff who reiterated the
same facts as stated in the plaint' The documentary
evidence as stated above and the evidence on
affidavit adduced in the suit fully supported and
corroborated the case of the plaintiff as narrated in
the plaint. So, the evidence adduced by the plaintiff
is supported and corroborated by the oral as well as
documentary evidence. So,it can be safely held that
that the plaintiff has established a prima facie case
in his favour.
Accordingly the suit is decreed exparte
and the prayer.of the plaintiff is allowed accordingly
along with the costs.
Prepare a clecree accord inq lY.
r0-
Smtil M. De,
C.J. no. 1,
Cachar,Silchar.
65, ro ,\L
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Cacnar, Silchar
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