Mr. Naveen Kumar, Proprietor of N.S. Communication, Office at: Pocket 2, Flat No. 101/102, Loknayak Purram, Bakkarwala, New Delhi110041. Also at: Mr. Naveen Kumar, S/o Sh Krishan Kumar, R/o House No. 266, Near Poll No.8, Ground Floor, VPO: Bakkarwala, New Delhi110041. ....Defendant Date of Institution : 20.02.2025 Date of Arguments : 13.11.2025 Date of Judgment : 13.11.2025 CS(COMM) 151/2025 Central Bank of India Vs Naveen Kumar Page No. 1 of 26 Suit for recovery of Rs. 10,30,494/. JUDGMENT 1. Vide this judgment I am deciding the suit for recovery of Rs. 10,30,494/ filed by the plaintiff against the defendant. 2. In the plaint, it is mentioned that plaintiff is a body corporate constituted by and under the provision of Banking Companies (Acquisition & Transfer of Undertaking) Act, 1980 having its head office at Chander Mukhi, Nariman Point, Mumbai and one of its branch office at Bakkarwala Road, Delhi. The present suit is being instituted by the plaintiff bank through Sh Lal Chand, AR of the plaintiff bank who is fully conversant with the facts of the present case and has also been authorized by virtue of a General Power of Attorney executed by the plaintiff bank. 3. The defendant approached and requested the plaintiff bank to grant the loan under the scheme of Pradhan Mantri Mudra Yojna. The request of the defendant was duly considered by the plaintiff bank and it sanctioned/disbursed the loan facility of Rs. 10,00,000/ after execution of the relevant loan documents by the defendant in favour of the plaintiff bank. In this regard, following documents were executed by the defendant viz: I) Loan application form dated 20.06.2019 II) Agreement of Hypothecation to Secure Demand Cash Credit against Goods dated 03.06.2019. CS(COMM) 151/2025 Central Bank of India Vs Naveen Kumar Page No. 2 of 26 III) Hypothecation of Book Debts dated 03.06.2019. IV) Overdraft Agreement dated 08.07.2019 V) Sanction Letter dated 08.07.2019 VI) Supplementary Agreement dated 08.07.2019 VII) D.P. Note dated 08.07.2019 VIII) Consent Clause dated 08.07.2019 IX) Letter of continuity dated 08.07.2019 X) Letter of Deposit of Advance Cheques dated 08.07.2019 XI) Copy of Pan Card of the defendant XII) Copy of Voter Card and Aadhar Card of the defendant. 4. After disbursement of the above mentioned loan amount, the plaintiff bank maintained the Loan Account No. 3676386754. As per the terms and conditions mentioned in the said loan agreement, the defendant agreed to pay the said loan with interest and agreed to strictly adhere to the terms and conditions. After availing the said loan from the bank, the defendant failed to adhere to the terms and condition of the loan agreement regarding repayment. On several occasions, the plaintiff called upon the defendant to make payment of the defaulted amount. Defendant failed and neglected to regularize the account. Resultantly, the loan account of the defendant was declared as NPA and as per the statement of account, a sum of Rs.10,30,494/ was due and payable towards the defendant. The defendant also issued a letter of waiver and letter of interest in favour of the plaintiff bank by which the defendant agreed to pay the loan amount as well as interest as per the rate of MCLR. However, the defendant miserably failed to honor his commitment. The plaintiff sent a legal demand notice dated CS(COMM) 151/2025 Central Bank of India Vs Naveen Kumar Page No. 3 of 26 08.06.2024 to the defendant but he failed to liquidate the outstanding amount due to the plaintiff bank. The plaintiff approached the Ld. Secretary, DLSA (West) but the defendant did not appear and Non Starter Report dated 14.08.2024 was issued. It is prayed by the plaintiff that a decree of Rs.10,30,494/ be passed in favour of the plaintiff and against the defendant. Plaintiff has also claimed future interest from 06.06.2024 till realization with costs. 5. Notice of the suit was sent to the defendant. Defendant has filed written statement and has taken preliminary objection that the present suit is n