In this ex-parte suit for recovery, the court accepted the plaintiff's affidavit and evidence-in-charge as valid due to the defendants' absence. Consequently, the suit was decreed based on the prayer clauses and disposed of.
The suit was decreed in terms of prayer clauses (a) to (c) and disposed of ex-parte.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 736 OF 2005
State Bank of India
vs.
...Plaintiff
Vilas A. Pawar & Ors....Defendants
Mr.Sanskar Marathe with Mr.Ketaki Minhas i/b. H & M
Legal Associates for the Plaintiff.
None for the Defendants.
CORAM : V.M. KANADE, J.
DATED : SEPTEMBER 11, 2009
P.C. :-
1Heard Counsel for the plaintiff. None
appears for the defendants though they are served.
The plaintiff has filed affidavit of service dated
7.3.2009. The plaintiff has also filed its affidavit
in lieu of evidence and compilation of original
documents. Under the circumstances, the plaintiff is
entitled for a judgment and exparte decree.
2
given housing a loan to the defendants no.1 and 2.
However, though the defendants had agreed to repay
the same in equal monthly instalments, they have
neglected and failed to pay the said instalments.
The plaintiff�s witness Mr.K. Illango, Deputy
Manager is examined. He has affirmed the said
affidavit in lieu of evidence. He admits the
contents of the said affidavit are true and correct.
The affidavit in lieu of evidence is taken on record
and marked Exhibit-P. The compilation of original
documents are taken on record and marked Exhibit
�P-2 (colly.).
3 The suit, accordingly is decreed in terms
of prayer clauses (a) to (c). The Court Receiver, in
view of this decree, is discharged. The suit,
accordingly, is disposed of.
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court