IN THE COURT OF LD. CIVIL JUDGE (SR. DIVN.
) AT ALIPORE
BEFORE THE LD. 8th BENCH
MONEY SUIT NO. OF 2016
BANK OF BARODA,
A body corporate constituted
under the Banking Companies
(Acquisition and Transfer of
Undertaking) Act, 1970 having its
head office at Mandvi Baroda
and its Kolkata Metro Regional
office at Baroda Tower, 4th Floor,
Plot 38/2, Block GN, Sector-V,
Salt Lake City, Kolkata-700091,
in the State of West Bengal and
carrying on banking business
amongst other places and its
branch office at 200T, S.P.
Mukherjee Road, P.S- Tollygunge
Kolkata-700026, commonly
known as Tollygunge Branch.
...PLAINTIFF
VERSUS
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1) Mr. Subhasish Guha, son of
Late Dr. Parimal Chandra
Guha, of 200H, Shyama
Prasad Mukherjee Road, P.S.
Tollygunge, Kolkata 7000026;
2) Ms. Bidisha Guha, daughter of
Subhasish Guha, of 200H,
Shyama Prasad Mukherjee
Road, P.S. Tollygunge,
Kolkata 7000026;
3)
...DEFENDANTS
SUIT FOR RECOVERY OF A SUM OF RS. 4,72,271.22/- (RUPEES
FOUR LAC SEVENTY TWO THOUSAND TWO HUNDRED SEVENTY
ONE POINT TWO TWO ONLY) AGAINST THE DEFENDANTS BY
THE PLAINTIFF ABOVENAMED
The plaintiff states that:-
1. That at all material times the plaintiff carried on and
still carries on business inter alia, at its branch office at 200T,
S.P. Mukherjee Road, P.S- Tollygunge, Kolkata-700026,
commonly known as Tollygunge Branch (hereinafter referred to
as the ‘said branch’).
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2. That the defendants are the borrowers and residing at
200H, Shyama Prasad Mukherjee Road, P.S. Tollygunge,
Kolkata 7000026;
3. That upon an application of the defendants, the
plaintiff bank had sanctioned an Education Loan with a limit of
Rs.2,50,000/- (Rupees Two Lac Fifty Thousand only) repayable
in 120 monthly installments starts from course period +
holiday 12 months or 6 months after getting service whichever
is earlier according to sanction letter dt.12.08.2008.
A copy of the application is annexed herewith and
marked as Annexure ‘A’.
4. That in order to secure due repayment of the said
credit facility together with interests, costs, charges,
commissions, expenses and other monies payable, the
defendants executed the following documents (amongst other)
on 21.09.2011.
a) Demand Promissory Note;
b) Letter of installment with acceleration clause;
c) Declaration cum Undertaking cum Authority;
The copies of the aforesaid documents executed by the
defendants are enclosed herewith and marked with annexure
‘A1’ collectively.
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The plaintiff craves leave from the learned court to
produce the original of those documents at the time of hearing,
if necessary.
5. That the plaintiff bank sanctioned the above credit
facility in favour of defendants for the educational requirement
of the defendant no.2 in a loan account opened in the books of
the plaintiff at the said branch on the following amongst
various other terms and conditions :-
a) It was agreed that the defendant no.1 would repay the
amount becoming due on the said loan account on
demand together with interest thereon @ 2% below
premium lending rate of the bank (under floating
option) with a minimum 12% - 1% for girl student, per
annum .
b) The defendants also agreed to repay the said loan at
the said branch of the plaintiff in 60+ 60 = 120
monthly installments (interest to be received during
course period) starts from course period 48 months +
holiday 12 months or 6 months after getting service of
the defendant no. 2 whichever is earlier from the date
of disbursement and the interest will be served during
moratorium.
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c) The defendants further agreed to bear interest at the
additional rate of 2% per month on the amount of
installment and/or interest in case of non-payment and
delayed payment on over due amount for overdue
period and/or default in payment of any installment
and/or interest.
d) The defendants no.1 is the father of the student
defendant no 2, and as the defendant no. 2 was a
minor student, defendant no.1 agreed and guaranteed
the plaintiff bank about the due payment and to
discharge all amounts due payable to the plaintiff by
the defendants jointly and/or severally.
A Copy of Sanctioned Letter dated 12/08/2008 is
annexed herewith and marked with Annexure ‘B’.
6. Not although the plaintiff disbursed the sanctioned
amount of loan in favour of the defendant no.2 for her
educational course of B.E/B.TECH (E.I.E.) with Camellia Institute
of Technology, both the defendants intentionally failed and
neglected to repay the loan amount of the plaintiff bank, as a
result the account became non performing account on
13.04.2014 but sent a letter acknowledging the debt by signed
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and executed a letter of Acknowledgement of Debt on
22.04.2014 indicating the acknowledgment and acceptance of
their debt and further thereby extending the period of
limitation for recovery of the aforesaid loan and such the
aforesaid claim is not barred in any way.
A copy of the Letter of Acknowledgement of debt is
annexed herewith and marked with Annexure ‘C’.
The plaintiff further craves leave of the Learned Court
to produce the original document, at the time of hearing, if
required.
7. That the plaintiff lent and disbursed the said credit
facility to the defendants through its Tollygunge Branch, as
agreed upon and the defendants became liable to pay the dues
of the plaintiff on demand as per agreed terms.
8. That even after several requests, claims, demand and
reminders through personal contact, telephone and by letters,
as well as send legal notice dated 14.06.2016 through it’s Ld.
Advocate, the defendants intentionally failed and neglected to
abide by the conditions agreed upon and even after demands
failed to repay the loan of the plaintiff bank alongwith interest
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as per agreed terms although the defendants are economically
sound. Not only that the Defendant No. 1 replied by letter
dated 08.07.2016 that he or his daughter the Defendant No. 1
& 2 herein unable to repay the said loan amount including
interest to the Plaintiff.
The copy of the said legal demand notice dated
14.06.2016 with postal receipts alongwith the reply dated
08.07.2016 from the defendant no. 1 are annexed herewith
and collectively marked with annexure ‘D’ and ‘D1’.
9. That there is now due and owing to the plaintiff from
the defendants jointly and/or severally the sum of Rs.
4,72,271.22/- (rupees four lac seventy two thousand two
hundred seventy one point two two only) with interest
calculated up to. 15.06.2016 which is reflecting in the
statement of accounts maintained by the plaintiff in its ordinary
course of business in the name of the defendant no.1 on
account of the aforesaid loan. That the plaintiff is entitled to
claim further interest at the rate of 10.90% per annum plus 2%
penal interest per month thereon from 16.06.2016 as per the
agreed terms till the date of repayment of the entire claim
made herein and the plaintiff undertakes to pay the ad-valorem
court fees thereon.
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The copy of Statement of Accounts upto 15.06.2016
including penal interest is annexed herewith and marked with
annexure ‘E’.
The plaintiff further craves leave of the Ld. Court to
produce the original documents, at the time of hearing, if
required.
10. That for the purpose of court fees and jurisdiction, the
plaintiff values its claim at Rs. 4,72,271.22/- (Rupees Four Lac
Seventy Two Thousand Two Hundred Seventy One Point Two
Two Only) and advalorem court fees of Rs. 19,780/- (Rupees
Nineteen Thousand Seven Hundred & Eighty) only are paid
thereon.
11 That the plaintiff lent and extended and disbursed the
said credit facility to the defendants through its Tollygunge
Branch, 200T, S.P. Mukherjee Road, P.S- Tollygunge Kolkata-
700026, situated within the jurisdiction of this Ld. Court firstly
when the loan facility was sanctioned on 12.08.2008 by the
plaintiff in favour of defendants and issued the sanction letter
in favour of defendants, after that the defendants accepted the
terms and conditions of such sanction by putting their
signature therein and then on 13.08.2008 when the demand
promissory note and other documents accepting the terms of
loan were executed by the defendants at the said Branch of the
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plaintiff bank and thereafter the loan was disbursed to the
defendants, on 13.04.2014 when due to intentional default of
the defendants the account was classified as NPA and finally on
22.04.2014 when the defendants acknowledged their debts by
executing letter of acknowledgement of debt. It is crystal clear
that the defendants availed loan and till remain unpaid and
thereafter has been continuing from day to day. Thus the cause
of action arose within jurisdiction of this learned court and this
court has ample jurisdiction to try and entertain this case and
further the aforesaid claim is not barred by limitation in any
way whatsoever.
12. That the list of documents are enclosed herewith and
the plaintiff crave of the Ld. Court to produce the original of
those or any such other documents (which are in their
custody), if required, at the time of hearing.
The plaintiff therefore prays for:-
a) A decree of Rs. 4,72,271.22/-
(Rupees Four Lac Seventy Two
Thousand Two Hundred Seventy
One Point Two Two Only)
against the defendants inter alia
directing the defendants to pay
the said sum of Rs. 4,72,271.22/-
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(Rupees Four Lac Seventy Two
Thousand Two Hundred Seventy
One Point Two Two Only) with
interest at the rate of 10.90% per
annum plus 2% penal interest
per month thereon from
16.06.2016 till realization of the
entire debts including interim
interest and interests on
judgment.
b) Costs;
c) Receiver;
d) Injunction;
e) Attachment;
f) Any other and/or further reliefs
as the plaintiff is entitled to law
and equity
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VERIFICATION
I, Parbati Ranjan Sarkar, the Chief Manager of the plaintiff bank
abovenamed do hereby declare and state the statements
contained in paragraphs 1 and 2 including the cause title
thereof are true to my knowledge, those contained in
paragraphs 3 to 9 are based on information derived
from the office records which I believe to be true and correct
and the rests are my respectful submissions before this
Learned Court.
I sign this verification on this ____ day of July, 2016 at
my Branch office at No. 09, Deshpran Sashmal Road, P.S-
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Charu Market, Kolkata - 700033, commonly known as Charu
Market Branch.
AFFIDAVIT
I, Parbati Ranjan Sarkar, son of Late Dhananjay Sarkar,
aged about 59 years, working for gain at No. 09, Deshpran
Sashmal Road, P.S- Charu Market, Kolkata-700033, commonly
known as Charu Market Branch, do hereby solemnly affirm and
say as follows:-
1. That I am the Chief Manager (Power of Attorney Holder)
of the Plaintiff Bank and I have made myself well acquainted
with the facts and circumstances of the case and am
competent to verify the plaint and affirm this affidavit for and
on behalf of the plaintiff.
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2. That the statements contained in paragraphs 1 and 2
including the cause title thereof are true to my knowledge,
those contained in paragraphs 3 to 9 are based on information
derived from the office records which I believe to be true and
correct and the rests are my respectful submissions before this
Learned Court.
Identified by me
Advocate DEPONENT
DOCUMENTS RELIED ON BY THE PLAINTIFF
a) Demand Promissory Note;
b) Letter of installment with acceleration clause;
c) Declaration cum Undertaking cum Authority;
DOCUMENTS PRODUCED WITH THE PLAINT
a) Application form dated 12.08.2008;
b) Sanctioned Letter dated 12.08.2008;
c) Demand Promissory Note dated 13.08.2008;
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d) Letter of installment with acceleration clause dated
13.08.2008;
e) Declaration cum Undertaking cum Authority dated
13.08.2008;
f) Letter of Acknowledgment of Debt dated 22.04.2014.
g) Legal notice dated 14.06.2016.
h) Postal Receipts dated 15.06.2016.
i) Letter of reply dated 08.07.2016.
j) Statement of Account upto 15.06.2016.
COPIES OF EXHIBITS ANNEXED TO THE PLAINT
NIL
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IN THE COURT OF LD. CIVIL JUDGE (SR. DIVN.) AT ALIPORE
BEFORE THE LD. 8th BENCH
MONEY SUIT NO. OF 2016
BANK OF BARODA
-Versus-
Subhasish Guha & Anr.
REGISTERED ADDRESS
Name Plaintiff Registered address Remark
or s
Defenda
nt
Bank of Plaintiff 2 200T, S.P. Mukherjee Road, NIL
Baroda P.S.- Tollygunge, Kolkata-
700026. Known as Tollygunge
Branch.
