1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 545 OF 1999 Oriental Bank of Commerce. .... Plaintiff. V/s. M/s. V. Creation & Anr. .... Defendant. ....... Ms. Pratibha Chalke i/b. Pradip Shukla & Co. for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 09TH JANUARY 2008. P.C. :- This is a bank suit for recovery of monies lent and advanced. The Defendants who are maintaining a current Account with the Plaintiff were allowed an Overdraft facility against which cheques were issued by the Defendants. As security for the repayment of their dues, the Defendants had deposited the share certificates of certain companies with the Plaintiff. In view of the failure of the Defendants to pay the 2 outstandings, a notice of demand was addressed on 12th June 1997. As on the date of the institution of the suit, an amount of Rs.1,96,397/- was due and payable. The Plaintiffs have claimed future interest. The Defendants have been served with the writ of summons and an affidavit of service has been filed. No written statement has been filed. The claim of the Plaintiff stands un-controverted. The Plaintiffs have filed an affidavit in lieu of examination in chief of its Officer and a compilation of documents. Among the documents is the Statement of Account duly certified as per the Bankers' Books of Evidence Act. 1891. The claim of the Plaintiff has been duly proved on the basis of the documentary and oral evidence. The Suit is accordingly decreed in terms of prayer clauses (a) and (e) with the modification that the Plaintiffs would be entitled to interest at the rate of 12% per annum from the date of the institution of the Suit until the date of the decree and at the same rate thereafter until payment or realization. ------