1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUIT NO. 1189 OF 1999 Bank of India. .... Plaintiff. V/s. Sanman Lunch Home & Anr. .... Defendants. ....... Mr. H.P. Narsana i/b. Harshad & Co. for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 24TH JANUARY 2008. P.C. :- This is a suit instituted by the Bank of India for the recovery of the amount lent and advanced to the Defendant under an Over Draft Facility with a limit of Rs.5 lakhs. In consideration thereof, the Defendant had on 30th November 1995 executed a demand promissory note in the amount of Rs.5 lakhs payable with interest at the rate of 2 7.25% over and above the bank rate with a minimum of Rs.19.25% per annum, a letter of continuing security, a letter of lien and set off and a letter of pledge on 6th June 1998. The Defendant issued a letter of acknowledgment of liability. The suit was instituted on 17th February 1999 within limitation. The Second Defendant has failed to enter appearance. The Second Defendant is the sole proprietor of the First Defendant. The Defendants have failed to enter appearance despite service of the writ of summons. In the circumstances, the suit has been transferred to the list of Undefended Suit. The Plaintiff has relied upon the affidavit in lieu of examination in chief of its Officer – Incharge of the Accounts of the Defendant and a compilation of the original documents. The original documents produced in evidence include the demand promissory note, letters of continuing security, lien and set off and pledge and the acknowledgment of debt. The Statement of Account is duly certified. The claim of the Plaintiff has gone un-controverted in the absence of any defence. 3 The suit shall accordingly stand decreed in terms of prayer clause (a) subject to the modification that the Plaintiff would be entitled to interest at the rate of 12% per annum on the principal sum from the date of the institution of the suit until payment or realization. Prayer clauses (c), (d) and (e) have not been pressed at the hearing of the suit. ------