1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2022 OF 2008 IN SUIT NO. 1681 OF 2008 Supreme Industries Ltd. ...Plaintiff Vs. Bank of India ...Defendant Ms. Madhavi Tavanandi for Plaintiff Mr. Dipankar Das i/b. M.V. Kini & Co., for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 5TH MAY, 2010 P.C. : 1. The Plaintiff had taken a loan from the Defendant Bank. The loan is stated to be repaid. The Plaintiff has sued for excess amount of interest charged and debited by the Defendant Bank to the Plaintiff without notice to the Plaintiff as per the terms and conditions between the parties in that regard set out in clause 3 of the agreement of Hypothecation of plant and machinery Exhibit-C to the plaint. 2. The parties appear to have had meetings on this core. It is the Plaintiff’s contention that the Defendant Bank agreed to refund interest charged in 2 excess of Rs.14 lacs. But has not done so. The Plaintiff has sued the Bank for Rs.70.71 lacs upon the principal sum of Rs.15.21 lacs with interest thereon. 3. Plaintiff’s Advocate drew my attention to the letter of the Defendant Bank dated 24 th March 2007 in which the Defendant Bank accepted that the refund of Rs. 14 lacs was approved subject to the Plaintiff giving in writing that the sum is acceptable to them in full and final settlement of the claim made by them. This acceptance is most natural and made in accordance with law upon the Plaintiff’s representation considered by the Defendant Bank. The Plaintiff has applied in this Suit for monetary claim for deposit of the initial principal amount being the excess interest charged by the Bank. The Plaintiff failed to accept the approval of the Bank since 24 th March 2007. The acceptance, if any, would necessarily be upon the condition mentioned in the approval since the approval is granted conditionally. 4. The Plaintiff does not accept the condition. Under those circumstances deposit of the amount claimed by the Plaintiff pending the Suit for monetary relief cannot be ordered. 5. There shall be no order in Notice of Motion. 6. No order as to costs. (SMT. ROSHAN DALVI, J.)