DRT-I Mumbai allowed an original filed by South Indian Bank Ltd. for recovery of a defaulted car loan of Rs.70,33,509.53 and interest from three respondents as Morans.
Defendants directed to pay Rs.70,33,509.53 plus interest within 60 days; properties attached; recovery certificate issued.
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.
O. A. No. 656 of 2022
Registered on : 30.11.2022 Decided on : 23.11.2023
IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI ORIGINAL APPLICATION NO. 656 of 2022
THE SOUTH INDIAN BANK LTD., a banking company incorporated under the companies act, 1913, having its Registered office at South Indian Bank House, T. B. Road, Mission Quarters, Thrissur – 680001, State Kerala; and having its one of the Branch at : Shop Nos. 1, 2, 3 & 4. Grand Residence, Santacruz Road, Ponda, North Goa, Goa403401; known as “Ponda Branch”, through their Constituted Power of Attorney Holder/Manager, Mr. Ento J. Puthooran.
VERSUS
...APPLICANT
1. MR. MOHAMMED IMRAN ABBASI, Principle Borrower, an adult, Indian Inhabitant of Goa, having his address at: Flat No. GF 3, Naika Waddo Harmalkar Apartments, Calangute, North Goa, Goa – 403516.
2. MRS. ASIA PRAVEEN ABBASI, Coborrower of Mohammed Imran Abbassi, an adult, Indian Inhabitant of Goa, having his address at: Flat No. GF 3, Naika Waddo Harmalkar Apartments, Calangute, North Goa, Goa – 403516.
3. M/S. LA MANSION INFRA HOLDINGS, Co-borrower of Mohammed Imran Abbassi, Indian Inhabitant of Goa, having its address At: House No. 435/437, 1st Floor, Above Durban
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O. A. No. 656 of 2022
Turban Restaurant, Near Canara Bank, Chogm Road, Alto Pabardez Goa, North Goa, Goa – 403521.
...DEFENDANTS
_____________________________________________
Counsel for the Applicant : Advocate Prajakta A. i/b Adv. O. A. Das.
Counsel for the Defendant : Ex-Parte
J U D G M E N T
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O. A. No. 656 of 2022
proved all these documents as against the Defendants. In my view there is no question of disbelieving the evidence led by the Applicant Bank and the Applicant Bank has proved its case beyond reasonable doubt. The liability of Defendant No.1 to 3 are joint and several.
O R D E R
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O. A. No. 656 of 2022
Copy of this order be sent to the parties as per rules.
File be consigned to record.
Place: Mumbai. Date : 23.11.2023
(Dr. Rekha G. Dhakar) Presiding Officer, DRT-1, Mumbai
SP/-
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2 issues framed by the court
Whether the defendants are liable to repay the outstanding loan amount with interest.
Whether the original application for recovery is maintainable and deserves to be allowed.
2 provisions across 2 enactments
THE SOUTH INDIAN BANK LTD.
MR. MOHAMMED IMRAN ABBASI
MRS. ASIA PRAVEEN ABBASI
M/S. LA MANSION INFRA HOLDINGS
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
