MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.212 OF 2007 IN SUMMARY SUIT NO.3331 of 2006 Chaitali A. Barot @ Chaitali Sunil Bajaj ................Plaintiff Versus Avnish Construction Pvt. Ltd. & Ors...Defendants Mr.J.M. Chodankar, for the Plaintiff Mr. Sachin V. Masurkar, for Defendant Nos. 1 to 3. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 DATED: 12TH AUGUST, 2008 P.C.: P.C.: P.C.: . Despite time having been given earlier there is no affidavit in reply. The suit is filed to recover the amounts lent and advanced by the Plaintiff to the Defendants. There is no dispute that the amount was lent by cheque to the Defendants. The cheques towards repayment were dishonoured. The Plaintiff by his Advocate’s notice demanded payment. The Defendants by their reply admitted and acknowledged that the amount was due and payable, but stated that they had certain financial difficulties. 2. In the circumstances there is no defence. Interest has been claimed at 24% per annum, which the Plaintiff is not entitled to. 3. In the circumstances Summons for Judgment is made absolute and the suit is decreed in a sum of Rs.25.00 lakhs together with interest thereon at the rate of 18% per annum from 16th March, 2004 till payment and/or realisation and costs. Refund as per Rules. If any amounts have been repaid the Defendant shall be entitled to raise the same as a defence in the execution proceedings, if any. .....