Ucobank Vs Mujjumale - Draft For Approval - 26.02.2018 - Affidavit in Court

IN THE COURT OF HON’BLE CIVIL JUDGE SENIOR
DIVISION PUNE AT PUNE
Regular Civil Suit No. /2018
Uco Bank
KhedShivapur,
Pune Bengluru High Way, Tal. Haveli,
Dist. Pune – 05.
V/s.
1. Shri. Tulshiram Narayan Mujumale and others..
AFFIDAVIT
I Mr. Avinash Kesharmal Janu, Age : 39 years, Occ. :

Service, R/at : Flat No. 512, Sahil Anand, Katraj
Kondhawa Road, yewlewadi, Pune. duly appointed POA
holder of the Plaintiff / Bank do hereby state on solemn
affirmation as under.
1. That Plaintiff is a body corporate constituted under

the banking companies (Acquisition & Transfer of
Undertakings) Act, 1970 as amended by Banking
Laws (Amendment) Act, 1985, having its Head Office
at No. 10, Biplabi Triolokya Maharaj Sarani, Calkatta
and having its branch at KhedShivapur, Pune
Bengluru High Way, Tal. Haveli, Dist. Pune – 05.
2. That, the defendant nos. 1 and 2 had approached to
the plaintiff bank and applied to grand them loan for
development of agricultural land, and crop loan. The
defendant no. 3 and 4 offered to stand as guarantors
1
for give repayment of money that would be advanced
by the plaintiff to the defendant nos. 1 and 2. The
plaintiff and to the defendant nos. 1 and 2 under the
said loan account, together with interest, cost,
charges and expenses. At the request of the
defendant plaintiff bank had granted Term Loan of Rs.
1,50,000/- and crop loan of Rs.50,000/- to the
defendant nos. 1 and 2 under Uco Bank Scheme.
3. In consideration of Plaintiff having granted the said
loan and by way of security for the repayment of the
said term loan the defendant nos. 1 and 2 have
executed in favor of and delivered to the plaintiff the
following documents;
a) The Defendant no. 1 executed a demand
promissory note dated 17/12/2008 agreeing to pay
on demand a sum of Rs. 2,00,000/- ( Two Lacs
only) together with interest @ of Rs.2.5% p.a. below
the BPLR subject to minimum rate of interest 12%
p.a. with half yearly rest for value received. The
defendant no. 1 agreed for penal interest as per the
directions of Reserve Bank of India norms in case of
default in repayment of the outstanding loan
amount.
b) The defendant nos. 1 and 2 executed the
hypothecation cum agreement for agricultural loan
dated 17/12/2008. Thereby agreeing to repay the
said loan amount of Rs.2,00,000/-( Rs. Two Lacs
only ) as per its terms and conditions mentioned
therein.
c) To secure the loan amount, together with interest,
charge, cost and expenses etc. the defendant no. 1
2
with a consent of his brothers Shri.Parshuram
Narayan Mujumale, Smt. Shakuntalabai W/o
Pandhrinath Tambe, R/at : Kondhanpur, Tal.
Haveli, Dist. Pune, and Smt. Shalan Balasaheb
Waghere R/at : Pimpre Waghere, executed a
registered mortgage deed no. 09851/2008
dt.12/12/2008 in respect of agricultural land Gat
Nos. 31, 116, 119, 142, 256, 507, 518, 543, 557,
538 of Village Kondhanpur, Tal. Haveli, Dist. Pune
in favor of Plaintiff/ bank.
d) The defendant nos. 3 and 4 had executed in favor
of and delivered to the plaintiff bank a letter of
guarantee dated 17/12/2008, guaranteeing
thereby due repayment of said loan advanced to the
defendant no. 1 and 2 together with interest,
charge, cost and expenses etc. thereon jointly and
severally with the defendant nos. 1 and 2.
4. That the defendant no. 1 and 2 confirmed and
acknowledge their indebtedness to the plaintiff bank
as on 30/09/2011 to the sum of Rs. 1,56,416/-. On
03/10/2011 the defendant no. 1 duly certified the
balance amount due Rs.1,56,416/-, and after
rescheduling the same in the month of Mrach 2012,
verify as well as certify the debit / credit balance of
Rs.1,77,807/- on 22/05/2013 .
5. That on 31/03/2012 the defendant no. 1 and 2 had
rescheduled of the loan account no. 03650601301569
for the outstanding loan amount Rs. 1,66,639/- and
executed the document in favor of the plaintiff bank
thereby agreed to pay the same together with interest,
charge, cost and expenses etc. in 8 (eight) half yarly
3
installment of Rs.18,404/- commencing from
31/12/2011 till the realization of entire amount due.
6. That the defendants had not repaid the above loan
amount, in regular course. For want of response in
repayment of loan by the defendants, in spite of the
demand notices are properly served to the defendants
on 27/05/2013 and recent notice dated 17/12/2015
as well as 20/01/2018 has been served to them.
Particulars of the Suit Claim : -
A Total outstanding balance Rs.1,49,670/-
amount as on 19/02/2018
B Interest up to 19/02/2018
Rs. 79,665/-
from 17/12/2009
Total amount due 2,29,335/-
7. That the cause of action has been arisen against

defendants, as not paid the due amount after issuing
the notices 27/05/2013, 27/12/20105 and
20/01/2018. On 23/02/2016, 16/02/2016 the
defendants made a part payment of Rs.50,000/-,
Rs.10,000/- respectively, before Lok-Adalat as a
settlement but never turned up to the plaintiff/ bank
thereafter for repayment for the remaining
outstanding amount due. Hence the present suit is
filed well within the prescribed period of limitation as
per law.
8. That the defendants have executed the document
mentioned above in favour of the plaintiff bank at
Pune. The whole cause of action has been arisen at
4
Pune, within the territorial jurisdiction of this Hon’ble
Court to entertain, try, and decide the suit.
9. That for the purpose of jurisdiction, Court Fee,
Advocate Fee, the plaintiff bank valued its claim at
Rs.2,29,335/- (including unapplied interest for period
of 17/12/2009 to 29/02/2018 @ 12.25% with penal
interest of Rs.2% p.a. which comes to Rs.79,665/-)
only and has paid court fee stamp thereon.
10. It is therefore prayed that,
A) That the Defendant no. 1 to 4 be jointly and
severally be ordered and decreed to pay the plaintiff
/ bank a some of Rs.2,29,335/- (Rs. Two Lacs
Twenty-nine Thousand Three Hundred and Thirty
Five Only) together with future interest @ rate 12%
p.a. from the date of suit till its realization and with
costs of the suit.
Deponent
Avinash K. Janu
Authorized officer
I identified
Adv.Vasant Sonawane
That the contents of the affidavit from para nos. 1 to 10 are
true and correct to the best of my knowledge and belief
hence verified on 16th of March 2018, at Pune.
Place : Pune
Date : 16th March 2018. Deponent
Avinash K. Janu

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IN THE COURT OF HON’BLE CIVIL JUDGE SENIOR

DIVISION PUNE AT PUNE

Regular Civil Suit No. /2018

Pune Bengluru High Way, Tal. Haveli,

Dist. Pune – 05.

1. Shri. Tulshiram Narayan Mujumale and others..

I Mr. Avinash Kesharmal Janu, Age : 39 years, Occ. :

1. That Plaintiff is a body corporate constituted under

7. That the cause of action has been arisen against

That the contents of the affidavit from para nos. 1 to 10 are

true and correct to the best of my knowledge and belief

hence verified on 16th of March 2018, at Pune.

Date : 16th March 2018. Deponent

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