IN THE COURT OF HON’BLE CIVIL JUDGE SENIOR

DIVISION PUNE AT PUNE

Regular Civil Suit No. /2018

Uco Bank

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.

… Plaintiff

V/s.

1. Shri. Tulshiram Narayan Mujumale

Age Adult, Occ. : Agriculturist,
2. Shri. Suhas Tulshiram Mujumale
Age Adult, Occ. : Agriculturist,
3. Shri. Navnath Tulshiram Mujumale
Age Adult, Occ. : Agriculturist,
Defendant no. 1 to 3 R/at :
Kondhanpur Gaothan, Malwadi (Pulachi wadi),
Tal. Haveli, Dist. Pune 412205.
4. Shri. Santosh Ankush Gogawale
Age Adult, Occ. : Agriculturist,
R/at : Shindewadi, Tal. Bhor, Dist. Pune.
…. Defendants

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 Suit claim of Rs.2,29,335/-
The plaintiff bank most humbly and
respectfully state as under;
1. The 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

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

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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

with a consent of his brothers Shri.Parshuram

Narayan Mujumale, Smt. Shakuntalabai W/o

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 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 .

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5. 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

installment of Rs.18,404/- commencing from

31/12/2011 till the realization of entire amount due.

6. 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. The cause of action has been arisen against

defendants, as not paid the due amount after issuing

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 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. 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

Pune, within the territorial jurisdiction of this Hon’ble

Court to entertain, try, and decide the suit.

9. 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

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 / 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.

B) That such other and further order be passed as

may be deemed fit and proper.

Pune

Date : 13/03/2018
Plaintiff / Bank
Through its
Authorized officer
Through

Adv.Vasant Sonawane

VERIFICATION

I Mr. Avinash K. 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 solemn affirmation that the contents of

para no. 1 to 10 are true and correct to the best of my

knowedge, information received form the record made

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available to me and believe it to be prove in witness, where

of, I have signed on the date mentioned above.

Pune

Date : 13/03/2018
Plaintiff / Bank
Through its
authorized officer