1 s2101-99 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2101 OF 1999 The Janata Sahakari Bank Ltd. ....Plaintiff V/s. M/s.Shree Parshwa Enterprises ....Defendant Mr.Ramnath Ravi i/b M/s.Ramanathsekhar & Co. for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH FEBRUARY, 2011. P.C. :- 1. The plaintiff seeks to recover a sum of Rs.8,31,693=40 ps. together with interest at 21% p.a. thereon from 11.3.1999 till payment. The plaintiff had granted the defendants a temporary over draft facility (TOD) in the year 1995. The transactions were recorded in the plaintiff’s current account opened by the plaintiff in respect of the defendant. 2. The plaintiff drew the cheque dated 18.4.1996 in the sum of Rs.8,16,407=05 on the said account in which at that time, there was a credit balance of only Rs.93,393=93. The plaintiff honoured the cheque on the defendant’s request. 3. The defendant having failed to regularize the account, the plaintiff by a letter dated 11.2.1999 demanded payment of the amount due thereunder. There was no reply to the said letter. 4. The defendant has failed to appear. There is no written 2 s2101-99 statement. This is a fit case to accept the averments and submissions made in the plaint. There is nothing on record that militates against the same. 5. The undertaking to file the original documents in Court within four weeks from today, is accepted. 6. The suit is decreed, as prayed, in terms of prayers (a) and (c). Costs to be quantified as per rules. Refund, if any, as per rules.