Case Details

North Eastern Development Finance Corp. Ltd. Represented By Its Branch Manager, Sri Ranendra Nara Vs Smti. Shipra Roy,Age About 35 Yrs.

Case Details

casenoCase TypeTitle Suit
casenoFiling Number3202/2014
casenoRegistration Number114/2014
caseno Filing Date08-09-2014
hearingRegistration Date08-09-2014
hearingFirst Hearing Date30th October 2014
dateDecision Date26th September 2016
casestatusCase StatusCase Disposed
courtCourt Number and Judge4-Civil Judge No. 1;
natureNature of DisposalUncontested--Decreed Exparte With Cost.;

Petitioners & Respondents

contactsPetitioner

North Eastern Development Finance Corp. Ltd. Represented By Its Branch Manager Sri Ranendra Nara, ;

contactsPetitioner Advocate

Sri Shantanu Nandan Bhattacharjee.;

contacts Respondent Name

Smti. Shipra RoyAge About Yrs., Sri Samiran Kanti Roy;

Order Details

info-icon

Order Details

Order not found.

Final Order Judgement

orderdateOrder Date26-09-2016 documents
-t 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. - (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 cSp-..,^r-,- \-"S civ,:We rto''t Cacnar, Silchar G