Bank of Maharashtra v. Ashok S.Joshi Nayak D.Trivedi
Case brief
What is this about?
In a bank suit for recovery of monies lent and advanced, the plaintiff, Bank of Maharashtra, claimed recovery from the borrower who failed to repay a housing loan of Rs.3 lacs. With the defendants having failed to enter appearance, the court held the averments in the plaint to be uncontroverted, evidence duly proved, and decreed the suit.
What did the court decide?
Decreed the suit for recovery of monies lent and advanced as per prayer clauses (a) to (e)
What the court decided
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2330 OF 2003
Bank of Maharashtra
..Plaintiffs
Vs.
Ashok S. Joshi & Anr.
..Defendants
Mr. Vinayak Sawant i/b Mr. N. K.Kamat for the Plaintiffs
None for the Defendants
CORAM: DR. D.Y. CHANDRACHUD, J.
DATE: 10th September , 2009
P.C. :
Issues for consideration
3 issues framed by the court
Whether the Defendants liable to repay the Housing Loan AVailed from the Plaintiffs
Whether the claim for recovery of monies lent and advanced is legally tenable without contradiction
Whether the suit is decree-able in absence of any contest from the Defendants
Coram
DR. D.Y. CHANDRACHUD
Case details
As recorded by the court registry
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