- 1 - 10.sj.153.11 ss.1145.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 153 OF 2011 IN SUMMARY SUIT NO.1145 OF 2011 Bell Finvest (India) Ltd. ..Plaintiff -Versus- Kaysons Cables Industries & Ors. ..Defendants .......... Mr. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 15TH JULY 2011. P.C. 1 The suit is filed to recover the balance amount due and payable by the defendants. The plaintiff had granted a loan in the sum of Rs. 12,00,000/- to the 1st defendant of which defendant nos.2 & 3 are the partners. Defendant Nos. 4 & 5 have executed guarantees guaranteeing the repayment of the said loan. - 2 - 10.sj.153.11 ss.1145.11 2 Twelve post dated cheques were issued. Only two cheques were honoured. Part payments were received from a third party who was a licensee of defendant no.1. This was pursuant to a loan discount agreement at Exhibit ‘C’ to the plaint. The plaintiff now seeks to recover the balance amount. 3 The defendants having failed to pay the balance amount, despite the plaintiff’s letters dated 6th March 2011 demanding payment, the present suit is filed. The defendants are absent despite being served. There is no evidence on record that militates against the plaintiff’s claim. 4 The suit is, therefore, decreed as prayed. 5 Refund of court fees, if any, as per rules. -