1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 167 OF 2008 IN SUMMARY SUIT NO. 3397 OF 2007 Girnar Overseas Ltd. ....Plaintiff. Vs. Meera Bipin Ajmera & Ors. ....Defendants. ---- Mr.Rajesh Jain i/b M/s Legal Juris, for the Plaintiff. Mr. N.R. Pradhan i/b S.L. Mhatre, for Defendant no.1. ---- CORAM: S.J. VAZIFDAR, J. DATED : 3RD AUGUST, 2009 P.C. 1. The suit is filed to recover an amount of Rs.8,00,000/- together with interest at 18% p.a. from the date of the filing of the suit based on a written agreement. 2. A sum of Rs.10,00,000/- had been advanced by the Plaintiff to the said deceased in connection with the services to be rendered by the deceased to the Plaintiff for its project in Goa. 3. It was agreed that if the deceased failed to get the loan sanctioned or disbursed to the Plaintiff, the amount paid as advance would be refunded. The said amount was paid by the Plaintiff by its letter dated 19.02.2004 to the deceased. The deceased acknowledged 2 the same by an endorsement at the foot of the said letter. 4. The loan not having been obtained, the Plaintiff was entitled to refund of a sum of Rs.10,00,000/-. An amount of Rs.2,00,000/- was repaid by a cheque and the suit is filed for the balance amount. 5. It was contended on behalf of the Defendants that they have not inherited any property from the deceased. Needless to clarify that the liability of the Defendants would be only to the extent of the estate of the deceased coming to their hands. 6. Subject to the above clarification, the Summons for Judgment is made absolute and the suit is decreed as prayed. However, the interest shall be only at 9% p.a. on a sum of Rs. 8,00,000/- from the date of the filing of the suit till payment or realisation on the basis of simple interest. 7. Refund as per rules.