1 sjc416-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.416 OF 2010 IN SUMMARY SUIT NO.2097OF 2010 WITH SUMMARY SUIT NO.2097 OF 2010 Canara Bank ....Plaintiff V/s. Prakash D. Shivlani ....Defendant Mr.P.A. Sartkar i/b SSP Legal for the Plaintiff. Ms.Asha M. Bhambwani for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH DECEMBER, 2011. P.C. :- 1. This is a usual bank suit to recover the amounts lent and advanced by the plaintiff to the defendant under the over draft facility. Usual documents including promissory notes were executed by the defendant. Each year the defendant also executed the documents confirming the balance dues. It is contended that the certificate confirming the balance dated 7.7.2007 is fabricated. There is nothing to indicate the same. Prima-facie, the defendant’s signature appears to be the same as on the admitted documents. 2 sjc416-10 2. Even assuming that no notice was given before the plaintiff released the securities, it would make no difference in the present case. The securities were of the fixed value securities viz. fixed deposits and the insurance policy. The plaintiff has given credit to the full extent thereof. 3. In the circumstances, there is no defence to the suit. 4. In the circumstances, the summons for judgment is made absolute and the suit is decreed in the sum of Rs.94,578=16 ps. together with interest thereon at 16% p.a. from the date of filing of the suit till payment and /or realization and thereafter at 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.