IN THE COURT OF HON’BLE CIVIL JUDGE (SENIOR DIVISION)
Civil Suit No. __________
Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and transfer of Undertaking) Act. 1970, having its Head Office at 2, Netaji Subhash Road, Kolkata 700001, it has its Branches through out India and one such Branch is situated at _____________________. ……………Plaintiff
Versus
1. Smt. Rakwati wife of __________ (BEING
BORROWER/MORTGAGOR) &
2. Chander Pal son ___________________.
– (BEING CO-BORROWER).
3. Raj Veer son of Sh. ______________________________
4. Mahender Singh
(3 & 4 BEING GUARANTORS).
…………Defendants
Suit for Recovery of Rs.14,56,963/- (Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only) & Court Fee of Rs.81,300/- (Rupees Eighty One Thousand Three Hundred only).
R/Sir,
The plaintiff above named respectfully
submits as under:-
1. That the plaintiff bank is a body corporate
constituted under the Banking Companies (Acquisition and Transfer of
Undertaking) Act. 1970, having its Head Office at 2, Netaji Subhash Road,
Kolkata 700001, it has its Branches throughout India and one such Branch is
situated at __________________.
It is a body corporate, which can sue or be sued in its own name.
2. That Sh. ____________ is presently the
Branch Manager and Principal officer of Allahabad Bank, Old Faridabad Branch
and is competent to institute / file the present suit. He is conversant with
the facts of the present suit and as such is in position to depose about the
correctness, otherwise of facts stated in this Plaint. He is competent to sign
and verify all types of Pleadings, Vakalatnama, Affidavits, Applications,
Executions and to do all acts necessary for the proper conduct of legal
proceedings filed on behalf of the Plaintiff / Bank vide Authority Letter
issued in his favour by Competent Authority.
3. That on the Loan Application of the
Defendant No.1 & 2, the Plaintiff/ Bank sanctioned Housing Loan of
Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) under Allahabad Bank
Ashiana Scheme for construction of House on Residential Property comprising in
Rect. No. ______, Killa No. _________to the extent of 50 Sq. Yds. situated with in
the Revenue Estate of _______and falls with in the Municipal Limits of
Municipal Council at _________.
4. That Plaintiff Bank disbursed
Rs.5,28,211/- (Rupees Five Lakh Twenty Eight Thousand Two Hundred Eleven) on
16/03/2016 and Rs.4,00,000/- (Rupees Four Lakh) on 27/04/2016 and Rs.3,00,000/-
(Rupees Three Lakh) on 17/05/2016 and were disbursed in Housing Loan Account
No. 50326896572 of Defendants.
5. That in consideration of sanctioning of
the above said House Loan of Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand
only) under Allahabad Bank Ashiana Scheme for construction of House, the
defendants, signed, executed and delivered security documents for valuable
consideration in favour of plaintiff bank mentioned herein under :-
(i). Loan Application For House Loan
Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) dated 04/02/2016.
(ii). Sanction Letter For House Loan under
Allahabad Bank Ashiana Scheme Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand
only) by Branch Manager with
Terms & Conditions to Borrowers/Mortgagor/Guarantor dated 02/03/2016.
(iii). Acknowledgement
Letter accepting Terms and Conditions of Sanction Letter dated 02/03/2016.
(iv). DPN (Demand Promissory Note) of Rs.5,28,211/-
(Rupees Five Lakh Twenty Eight Thousand Two Hundred Eleven) dated 16/03/2016
and DPN (Demand Promissory Note) of Rs.4,00,000/- (Rupees Four Lakh) dated
27/04/2016 and DPN (Demand Promissory Note) of Rs.3,00,000/- (Rupees Three
Lakh) dated 17/05/2016.
(v). Declaration by Borrower/Mortgagor on
Affidavit executed on dated 02/03/2016.
(vi). Personal Guarantee Agreement on Stamp Paper
of Rs.100/- executed by
Guarantor-Defendant No.3 i.e. Raj Veer.
(vii). Personal Guarantee Agreement on Stamp Paper
of Rs.100/- executed by
Guarantor-Defendant No.4 i.e. Mahender Singh
(viii). Letter of Mortgagor confirming Deposit of
Title Deeds for Borrower/ Mortgagor on Stamp Paper of Rs.100/- executed by Borrower/Mortgagor i.e. Defendant No.1 dated
02/03/2016.
(ix). Recital dated
(x). Copy of ID Proofs of Borrowers /
Mortgagor/Guarantors.
(xi). Notice issued u/s 12 of SARFAESI Act dated
05/03/2018.
(xii). Discharge / Closure Amount Receipt of House
Loan dated 14/11/2018.
(xiii). Bank Account Statement of House Loan Account
No. 50326896572.
6. That the defendants utilized
Rs.12,30,000/- (Rupees Twelve Lac Thirty Thousand only) and deposit made by the
said defendants has been incorporated in the Bank Account Statement of
defendant, opened in the books of accounts by plaintiff bank and maintained by
the plaintiff bank in its ordinary course of business. The House Loan was
agreed to be repayable at monthly installments of Rs.12,600/- in Two Hundred Forty equal installments along with interest @
9.70% at the time of disbursement of loan with monthly rest. The rate of
interest was agreed to be variable form time to time as per Bank
Directives.
7. That-the-defendants are not paying the
loan amount and the plaintiff Bank has approached the defendants for payment of
bank dues but the defendants have failed to repay the overdue amount,
inspite-of repeated requests and demands and also on personal visits by
concerned Branch Managers at the Residence of defendants and in the office of
Defendants. The defendants failed to abide by the financial discipline of the
plaintiff /bank and Loan Account became NPA on 31/12/2016. Thus, the entire
amount and balance outstanding became due and payable to the plaintiff bank. In
view of the facts mentioned above, the plaintiff bank had no other alternative
except to call upon the defendants to liquidate the above said loan amount and
to pay entire amount due towards the defendants of the plaintiff bank in
aforesaid loan accounts but to no effect Hence this suit.
8. That now a sum of Rs. 14,56,963/-
(Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only) of the plaintiff bank is due and
payable by the defendants to plaintiff bank in aforesaid loan account,
including interest up to 14/11/2018 plus (+) future interest and cost of the
Suit are payable by the defendants to the plaintiff bank claims the same
hereby. The copy of statement of accounts and Closure Amount duly certified as
per bankers book of Evidence Act is attached herewith.
9. That no other suit between the same
parties is pending or filed before any court of law on same cause of action.
10. That cause accrued to the plaintiff bank
against defendant on dated 16/03/2016, when the loan was availed by the defendants after execution
of security documents in favour of plaintiff bank. The cause of action also
accrued when the defendants failed in repayment of installments. It further
accrued when the plaintiff bank requested the defendant to make the payment but
the defendant failed to pay the same. The cause of action also accrued on
31/12/2016, when the House Loan Account became NPA and also accrued when the
plaintiff/bank made demands and on their personal visits to pay their
outstanding amount due upon the defendants and also accrued on 05/03/2018,
when Notice u/s 12 of SARFAESI Act dated
05/03/2018 was served to defendants. The cause of action is continuing one.
11. The suit of the plaintiff is well with in
limitation.
12. That the property upon which
Plaintiff/Bank has extended Loan falls with in the territorial jurisdiction of
this Hon’ble Court and defendants are also residing in the jurisdiction of this
Hon’ble Court, hence this Hon’ble Court has got jurisdiction to entertain, try
and decide the present suit.
12. That value of the suit for the purpose of
court fee and jurisdiction is assessed at 14,56,963/- (Rupees Forteen Lac Fifty
Six Thousand Nine Hundred Sixty Three only)
over which a proper and advolourum
Court fee of Rs.81,300/- (Rupees Eighty
One Thousand Three Hundred only) has
been affixed on the plaint.
13. PRAYER :-
It is therefore, most
respectfully prayed as under:-
(a). That a decree of recovery of 14,56,963/-
(Rupees Forteen Lac Fifty Six Thousand Nine Hundred Sixty Three only) along with interest pendentilite up to 14/11/2018 and future interest @ 9.70% P.A. with
monthly rest from the date of institution of the suit till final Realization
with costs, Charges and other expenses incurred in the suit may kindly be
passed in favour of plaintiff and against the defendants.
(b). That the cost of the suit may also be
awarded in favour of the plaintiff and against the defendants.
(c). That the Litigation Expenses of
Rs.21,000/- may also be awarded in favour of the plaintiff and against the
defendants.
(e). Any other relief which this
PLAINTIFF
ALLAHABAD BANK, Through its Branch
Manager.
Through Counsel:
Verification :-
I, Branch Manager Allahabad Bank do hereby verify that contents of above given plaint from para 1 para 12 are true and correct to best of my knowledge and belief and nothing has been concealed therein.
PLAINTIFF
IN THE COURT OF HON’BLE CIVIL JUDGE (SENIOR DIVISION)
Allahabad Bank Versus Smt. Rajwati
Suit For Recovery
Affidavit
I, ___________________ Branch
Manager, Allahabad Bank, do hereby solemnly affirm and
declare as under :-
1. That the Suit for Recovery has been filed on
behalf of Allahabad Bank through Deponent and contents of
the same may kindly be read as part and parcel of this affidavit for sake of brevity
to avoid repetition.
2. That Deponent has gone through the contents
of the suit and same are true and correct to the best of my knowledge and
belief and Deponent has signed and verified the same in token of its
correctness. Deponent
Verification : Verified
that the contents of Para No.1 and 2 of the above affidavit are true and
correct to the best of my knowledge belief.
Deponent
