1 sj46-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.46 OF 2011 IN SUMMARY SUIT NO.3288 OF 2010 Bell Finvest (India) Ltd. ....Plaintiff V/s. Ankita Knit Wear Ltd. & Ors. ....Defendants Mr.R.D. Sohoni for the Plaintiff. Mr.U.S. Samudrala for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 6TH SEPTEMBER, 2011. P.C. :- 1. The suit is filed to recover the amounts lent and advanced by the plaintiff to defendant No.1. The same is evidenced by a letter dated 27.4.2009. The letter acknowledges the receipt of a cheque in the sum of Rs.5,50,000/- after deducting the bill discounting charges for the total amount mentioned in a bill of exchange of Rs.6.00 lacs. Paragraph 8 of the letter states that defendant Nos.3 and 4 have signed the letter as the directors of defendant No.1 and also as the guarantors. Defendant Nos.3 and 4 have guaranteed the repayment of the amount. The letter also refers to the bill of exchange. 2. The bill of change dated 1.5.2009 was drawn by defendant 2 sj46-11 No.1 and accepted by defendant No.2. 3. Only part payment was made. The plaintiff therefore, by a letter dated 20.10.2010 demanded repayment of the balance amount. The cheques issued by the defendants were dishonoured. 4. The contention that defendant Nos.3 and 4 are only the directors of defendant No.1 and therefore, not personally liable, is not sustainable in view of paragraph 8 of the letter dated 27.4.2009. 5. The mere fact that the bill of exchange is dated 1.5.2009 and the letter referring to the same is dated 27.4.2009, is of no significance or even consequence. The bill of exchange was obviously executed pursuant to the understanding contained in the letter dated 27.4.2009. 6. There was no reply to the plaintiff’s notice demanding payment. There is no defence to the suit. 7. In the circumstances, the summons for judgment is made absolute and the suit is decreed, as prayed. However, interest after the date of the suit shall be at the rate of 12% p.a. Costs to be quantified as per rules. Refund, if any, as per rules.