1. Sh. Parvez Alam, Proprietor of M/s. ZS Engineering S/o Nizamuddin R/o F2/268, F2 Block, Street No.9, Sundar Nagari, North East, Delhi 110093 Mob: 8800561735 Email: [email protected] Also at H.No. 607, Kh. No.111, Near Madarsa Village Mandoli, North East, Delhi 110093 ....... Defendant Date of institution : 18.01.2023 Date of reserving judgment : 13.12.2023 Date of judgment : 18.12.2023 Civil Suit (Comm) No. 28/2023 Canara Bank Vs. Sh. Parvez Alam Page No.1 of 11 JUDGMENT 1. The plaintiff Bank has filed the present suit for recovery of Rs.13,58,006/ against the defendant. The plaintiff Bank (erstwhile Syndicate Bank) is having one of its Branch at Surya Niketan, Vikas Marg Extn. Delhi and the present suit has been filed through its Senior Manager, who has signed and verified the plaint. 2. In brief, the facts as averred in the plaint are that on 01.07.2017, the defendant applied for SOD credit facility for an amount of Rs.10,00,000/ for its working capital to increase its business. The plaintiff bank sanctioned the abovesaid loan on 18.10.2017 to defendant via loan account no. 91371400000457 upon execution of various loan documents and agreement in favour of plaintiff bank and the defendant agreed to repay the sanctioned amount along with interest @ 9.50% (subject to change from time to time) via sanctioned letter duly acknowledged by the defendant. On 24.09.2021, the defendant again approached the plaintiff bank for renewal of the credit/overdraft facilities for a sum of Rs.10,00,000/ which was duly sanctioned to enhance the working capital in furtherance of defendant's business. The interest was to be charged @ 9.15%. On 08.12.2021, defendant again approached the plaintiff bank for availing some emergency credit fund to further increase its business by way of GECL which was sanctioned via loan account no.170002729109 dated 08.12.2021. Thereafter, plaintiff bank requested the defendant to make timely payments on various intervals, however, due to financial indiscipline, the accounts of defendant become NPA on 05.07.2022 and no regularization of accounts could be affected on part of defendant Civil Suit (Comm) No. 28/2023 Canara Bank Vs. Sh. Parvez Alam Page No.2 of 11 and the last payment was made in loan account on 06.05.2021 by the defendants. Pre Litigation Mediation also filed by the plaintiff bank as per Commercial courts Act, 2015 before SDLSA, Karkardooma Courts, Delhi and non starter report was issued. Hence, the plaintiff Bank has filed the present suit for recovery of Rs.13,58,006/ towards principal amount, alongwith interest and other charges as outstanding against the defendant. 3. Summons of the suit were issued to the defendant who appeared through Shri K.N. Goel Advocate and filed the written statement. In the written statement, a preliminary objection was taken that the suit of the plaintiff Bank is liable to be dismissed as no liability existed of the alleged loan amount of Rs.13,58,006/ against the defendant as the same is against the Syndicate Bank not from the plaintiff bank. It is averred that no notice to recall the loan amount was ever issued/served upon the defendant nor the notice of NPA was ever issued. It is stated that that at the time of sanction of loan amount, the defendant was asked to sign on some blank papers and being the semi illiterate person, the defendant was unable to understand the English language written on various documents. It is averred that the defendant was badly affected due to sudden surge of Global covid 19 pandemic. It is further averred that all the documents brought on record by plaintiff's bank are forged and fabricated in as much as the loan application and other documents are with respect to Syndicate Bank and not Canara Bank. It is stated that plaintiff has filed the updated and correct statement of account and levied exaggerated rate of interest and other charges on the basis of conjectures and surmises. The defendant has also stated that he had made the payment in cash of the entire loan amount. It is further averred that neither any cogent evidence with regard Civil Suit (Comm) No. 28/2023 Canara Bank Vs. Sh. Parvez Alam Page No.3 of 11 to prayer of recovery o