IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3977 OF 1993 SUIT NO. 3977 OF 1993 SUIT NO. 3977 OF 1993 BANK OF BARODA ... PLAINTIFFS BANK OF BARODA ... PLAINTIFFS BANK OF BARODA ... PLAINTIFFS VS. VS. VS. M/S. I.J.TRANSPORT & Ors. ... DEFENDANTS M/S. I.J.TRANSPORT & Ors. ... DEFENDANTS M/S. I.J.TRANSPORT & Ors. ... DEFENDANTS Mr. Manish Doshi i/b. Jayesh Patel for Plaintiffs. Mr. Manish Doshi i/b. Jayesh Patel for Plaintiffs. Mr. Manish Doshi i/b. Jayesh Patel for Plaintiffs. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 21st July,2005. 21st July,2005. 21st July,2005. P.C. P.C. P.C. 1. This is an undefended suit. None of the 1. This is an undefended suit. None of the 1. This is an undefended suit. None of the defendants have filed written statement. defendants have filed written statement. defendants have filed written statement. 2. The suit is filed for recovery of the vehicle 2. The suit is filed for recovery of the vehicle 2. The suit is filed for recovery of the vehicle loan advanced to the Defendants. The original loan advanced to the Defendants. The original loan advanced to the Defendants. The original documents like Demand Promissory Note, Deed of documents like Demand Promissory Note, Deed of documents like Demand Promissory Note, Deed of Hypothecation, Deed of Guarantee executed by the Hypothecation, Deed of Guarantee executed by the Hypothecation, Deed of Guarantee executed by the Defendant No.4, the letter of Instalment and the Defendant No.4, the letter of Instalment and the Defendant No.4, the letter of Instalment and the certified copy of the Statement of Account of the certified copy of the Statement of Account of the certified copy of the Statement of Account of the Defendants have been filed. As per the Statement of Defendants have been filed. As per the Statement of Defendants have been filed. As per the Statement of Account, the balance due from the Defendants at the Account, the balance due from the Defendants at the Account, the balance due from the Defendants at the time of filing the suit was Rs.2,84,061/- which is the time of filing the suit was Rs.2,84,061/- which is the time of filing the suit was Rs.2,84,061/- which is the claim made by the Plaintiffs against the defendants. claim made by the Plaintiffs against the defendants. claim made by the Plaintiffs against the defendants. 3. The suit of the Plaintiffs is, therefore, decreed 3. The suit of the Plaintiffs is, therefore, decreed 3. The suit of the Plaintiffs is, therefore, decreed in terms of prayer clauses (a), (b) and (c). Decree in terms of prayer clauses (a), (b) and (c). Decree in terms of prayer clauses (a), (b) and (c). Decree be drawn accordingly. be drawn accordingly. be drawn accordingly. --- --- --- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)