* THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No. 3095/2011
Date of Decision: 01.04.2013
H.D.F.C. ......Plaintiff
Through: Mr. Ajay Saroya, with Ms.
Nisha Mohandas and Mr. B.L
Yadav, Advocates
Versus
Sunil Kumar .......Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE M.L. MEHTA
M.L. MEHTA, J. (Oral)
1. This suit for recovery was initially filed under Order XXXVII of the
CPC, but was treated as an ordinary suit vide order dated 07
December 2012. The defendant having failed to make appearance,
was proceeded ex parte. The plaintiff led ex parte evidence. The
brief factual background of the case is as follows.
2. The defendant had approached the plaintiff's Company for financial
assistance (housing loan) to the tune of Rs. 34, 00,000/- (Rupees
Thirty Four Lakhs only), for the purchase of a Dwelling Unit. After CS (OS) No. 3095/2011 Page 1 of 4 receipt of the loan application form in the second week of February,
2011; the plaintiff processed and sanctioned a loan amount of Rs.
34,00,000/- (Rupees Thirty Four Lakhs only) at 10% (Ten Percent)
at VARIABLE/ADJUSTABLE 10% rate of interest for a period of
20 years vide Loan Account No./File No. 601405596.
3. The plaintiff contends that on March 15, 2011, the defendant
executed a promissory note, loan agreement and other documents
with the plaintiff. In furtherance of a written request by the
defendant for the disbursement of a part-payment, the plaintiff
disbursed an amount of Rs. 32, 00,000/- (Rupees Thirty Two
Lakhs) by a Cheque bearing No. 071353, dated March 10, 2011.
However, the defendant's loan account became irregular and sticky
from July, 2011. The plaintiff conducted an enquiry from which it
transpired that the defendant had tendered false and fabricated
documents to procure the loan. Subsequently, the plaintiff made
attempts to get in touch with the defendant, but the latter avoided
meeting the plaintiff's officials and representatives and also did not
respond to the Mobile calls. Thereafter, the plaintiff sent a legal
notice dated September 20, 2011 calling upon the defendant to pay CS (OS) No. 3095/2011 Page 2 of 4 the outstanding loan amount of Rs. 32,26,816/- (Rupees Thirty Two
Lakh Twenty Six Thousand Eight Hundred and Sixteen Only), as
on August 31, 2011. The said notice was sent at all the known
addresses of the defendant by speed-post. The postal receipts are
produced as Ex. PW1/8. Moreover, the defendant not only did not
comply with the Legal Notice, but also did not respond to it. From
the Statement of Accounts of the plaintiff (Ex. PW1/11 collectively)
it is reflected that the defendant has made payment of some of the
EMIs to the plaintiff and that a sum of Rs. 33,07,609/- (Rupees
Thirty Three Lakh Seven Thousand Six Hundred and Nine) was
outstanding as on October 31, 2011. This Statement of Account is
maintained by the plaintiff in its ordinary course of business, and
there is no reason to doubt its authenticity.
4. From the unassailed documents produced by the plaintiff, it stands
established that the defendant had outstanding dues to the tune of
Rs. 33,07,609/- (Rupees Thirty Three Lakh Seven Thousand Six
Hundred and Nine only), as on October 31, 2011. In the light of
above, the defendant is held to be liable to pay the amount of Rs.
33,07,609/- (Rupees Thirty Three Lakh Seven Thousand Six CS (OS) No. 3095/2011 Page 3 of 4 Hundred and Nine only). I hereby pass a money decree for the
recovery of the sum of Rs. 33, 07,609/- (Rupees Thirty Three Lakh
Seven Thousand Six Hundred and Nine), against the defendant,
with interest @ 9% p.a from the date of filing of the suit i.e.
09.12.2011 till the date of realisation. Decree be drawn accordingly.
5. Suit stands disposed of.
M.L. MEHTA, J.
APRIL 01, 2013 kk/rmm
CS (OS) No. 3095/2011 Page 4 of 4
