- 1 - 15.sj.439.10 ss. 2747.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 439 OF 2010 IN SUMMARY SUIT NO.2747 OF 2010 M/s.Tezas Trading Co. Ltd. ..Plaintiff -Versus- Siddhant Industries Pvt. Ltd. & Anr. ..Defendants .......... Mr. Basant Tilokani i/b Jhangiani Narula and Associates for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 2ND DECEMBER 2011. P.C. 1 The suit is based on a demand bill of exchange drawn by defendant no.1 in favour of the plaintiff and accepted by defendant no.2. A cheque issued by defendant no.1 towards repayment thereof was dishonoured. The defendants by letter dated 15th March 2010 alleged that the presentation of the cheque was contrary to the understanding. The bill of exchange was noted and protested. 2 It is alleged that the plaintiff is a money lender. However, affidavit-in- reply does not furnish any particulars which substantiates the claim. It is - 2 - 15.sj.439.10 ss. 2747.10 also alleged that the parties had agreed to interest only at 3% per annum. The same is however contrary to the invoice which expressly provides interest at the rate of 18% per annum. The defendants alleges that the TDS has been deducted by the plaintiff on the basis of the interest at 3% per annum. There is however no evidence to support this contention. 3 It is important to note that the defendants admitted having executed the bill of exchange. 4 The learned counsel appearing on behalf of the plaintiff states that the plaintiff has not been served with the affidavit-in-reply. He therefore sought time to file an affidavit in rejoinder. As I find that the affidavit-in- reply shows no defence, it is not necessary to adjourn the matter to enable the plaintiff to file the affidavit-in-reply. The application is therefore rejected and I directed the plaintiff to proceed on the basis of denials. 5 In the circumstances, there is no defence to the suit. 4 In the circumstances, the is decreed as prayed. However, interest after the date of the suit shall be at 12% p.a. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. - 3 - 15.sj.439.10 ss. 2747.10 -