1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.3748 of 2002 Dr.Vandana R. Walvekar. .. .. Plaintiff v/s. Troika Construction Company & ors. .. Defendants Mr.Vaibhav Singdare with Mr.Amol Karwa i/by Yasmin Bhansali & Co. for Plaintiff. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 29 th July, 2008 P.C. : 1. This Suit is filed essentially upon three loan Receipt Nos.263, 245 and 290 dated 2.9.1981, 14.8.1991 and 7.11.1994 for Rs.1,00,000 /- , Rs.50,000/- and Rs.25,000/- respectively, issued by Defendant No.1. Thereafter Defendant No.1 has filed Form No.16A with the Income Tax Department. There are two confirmation letters for acknowledgment of balance liability dated 10.6.1998 and 15.7.2000 issued by Defendant No.1. The amounts payable in the loan Receipts constitute an Agreement between the parties showing the principal amount advanced, the specific rate of interest charged thereon and the repayment of the loan and the principal amount to be paid by cross and order cheques only. Form No.16- A shows acknowledgment of the liability. The confirmation letters show the confirmation of the liability for the balance amount shown therein. The last 2 confirmation letter is dated 15.7.2000. Upon demand for payment being made and not satisfied, the Suit came to be filed. A sum of Rs.3,06,390 /- came to be payable as per the particulars of the Plaintiff's claim, Exhibit- L to the Plaint. 2. In the Summons for Judgment, no substantial defence was seen. The Defendants were directed to deposit Rs.4 Lakhs in the Court. That amount has not been deposited. A certificate of non- deposit is produced. The Suit is required to be decreed as prayed. The original documents of the Plaintiff are taken on record and marked Exhibit- A (collectively). The Suit is decreed in terms of prayer (a). No order as to costs. 3. The original documents shall be returned upon production of xerox copies. [SMT.ROSHAN DALVI, J.]