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. Deepak Bapu Surve 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 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, on 10/01/2010 the defendant no. 1 had
approached to the plaintiff bank and applied for loan
, for development of agricultural land and grant the
same. The defendant no. 2 offered himself to stand as

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 guarantors for due repayment of money that would be
advanced by the plaintiff to the defendant nos. 1
under the said loan account, together with interest,
cost, charges and expenses etc. At the request of the
defendant plaintiff bank had granted Term Loan of Rs.
3,00,0000/- ( Rs. Three Lakh Only ) on agreed Terms
and Conditions Plus Interest at the rate of Rs. 13.25%
p.a. & penal Interest at the Rate of Rs. 2% p.a. in case
of default in payment of outstanding loan amount
with agreed interest.
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) That the Defendant no. 1 executed a demand
promissory note dated 29/01/2010 agreeing to pay
on demand a sum of Rs. 3,00,000/- ( Three Lacs
only) together with interest @ of Rs.0.50% p.a.
above the deposit rate/ RBI rate subject to
minimum rate of interest of Rs. 12.75% p.a. with
monthly rest for value received.
b) To secure the loan amount granted by the plaintiff/
Bank the defendant nos. 1 had executed the term
loan agreement dt. 29/01/2010 for the amount of
Rs.3,00,000/-( Rs. Three Lacs only ) as per its
terms and conditions mentioned therein, and
handover the same to plaintiff bank.
c) To secure the loan amount, the defendant no. 1
executed a registered mortgage deed bearing no.
HVL20/01431/2010 dt.08/02/2010 in respect of
agricultural land Gat No.11, admeasuring 78 R, out
of total land admeasuring 01 H. 45 R. situated at

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 Village Gaudthara, Tal. Haveli, Dist. Pune in favor
of Plaintiff/ bank.
d) That the defendant no. 2 stood as guarantor of the
said loan amount and executed a deed of guarantee
dt. 29/01/2010 in favor of the bank and delivered
to the same. Thereby the defendants no. 1 and 2
both are jointly and severally liable, to the agreed
outstanding loan amount to the plaintiff bank.
4. That the defendant no. 1 and 2 confirmed and
acknowledge their indebtedness to the plaintiff bank
as on 01/06/2012 to the sum of Rs. 3,19,713/-
dt.31/05/2012. On 20/05/2013 the defendant no. 1
had acknowledge the debt of Rs. 3,31,961/- similarly
on 31/12/2015 the outstanding balance of loan
amount Rs.3,74,916/- lying in the loan account
number 03650610000182 has been confirmed and
acknowledge the debt in the secured manner in
continuation by executing letter of waiver
dt.29/01/2010 and also on 11/07/2017 confirm the
balance of amount Rs.3,73,516/-
5. That the plaintiff/ bank has maintained properly the
loan account of the defendant bearing account No.
03650610000182 in a computer operating system,
duly certified the same as per their routine course of
official business, but since beginning the defendant
Nos.1 and 2 failed to operate the same account as
agreed. In accordance with direction of RBI rules and
by way of prudent accounting norms the said loan
account has been maintained and subsequently
categorized by the bank as a Non Performing Assets
(NPA) account.
6. In spite of demand notices dt.27/05/2013 and
dt.21/08/2017 as well as recent Notice dt.
20/01/2018 properly served to the defendant and

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 even time to time persuade by the authorized officer of
the bank for repayment of outstanding loan, the
defendant failed to liquidate the loan amount.
7. Particulars of the Suit Claim : -
A Total outstanding balance Rs.3,75,016/-
amount as on 13/10/2017
B Interest amount of Rupees at Rs. 97,016/-
the rate of Rs.13.25% p.a.
Total 4,72,032/-

i.e. the balance as on 19/02/2018 including unapplied

interest @ of Rs.13.25% from 20/02/2010 to
19/02/2018 and penal interest @ of Rs. 2% p.a. which
comes to rupees 4,74,739/-
8. That the cause of action has been arisen continuously
against defendants, as not paid the due amount after
issuing the notices dt.27/05/2013, 21/08/2017,
21/01/2018 are properly serve to them, and even
thereafter acknowledge the outstanding loan amount time
to time On 29/01/2010, 01/06/2012,
20/05/2013,11/07/2013 the defendants are not diligent to
repay the outstanding loan amount hence the present suit
is filed well within the prescribed period of limitation as per
law.

9. That the defendants have executed the document

mentioned above in favor 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.
10. That for the purpose of jurisdiction, Court Fee, Advocate
Fee, the plaintiff bank valued its claim at Rs.4,74,739/-
(Rs.Four lacs seventy four thousand seven hundred thirty
nine only, including unapplied interest @ 13.25% from

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 dt.20/02/2010 to 19/02/2018, penal interest of Rs.2%
p.a.)
11. It is therefore prayed that,
A) That the suit be decreed with cost.
B) The Defendant no. 1 and 2 jointly and severally be
ordered to pay the plaintiff / bank a sum of
Rs.4,74,739/- (Rs. Four lacs seventy four thousand
seven hundred thirty nine only, together with
future interest @ rate Rs.12% p.a. from the date of
suit till its realization of the entire amount due.
C) Any other suitable relief may kindly be granted in
favor of plaintiff / bank as it deem fit and proper.

Pune

Date : 16/03/2018
Deponent
Avinash K. Janu
Authorized officer
I identified
Adv.Vasant Sonawane

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

11 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