1 sj129-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.291 OF 2010 IN SUMMARY SUIT NO.98 OF 2010 WITH SUMMARY SUIT NO.98 OF 2010 UCO Bank ....Plaintiff V/s. Ruchika P. Bhatt & Anr. ....Defendants Mr.Pradip Shukla i/b M/s.Pradip Shukla & Co. for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 20TH SEPTEMBER, 2011. P.C. :- 1. The suit is filed to recover a sum of Rs.1,11,969/- together with interest at 14.5% p.a. with quarterly rests from the date of filing of the suit till payment on the sum of Rs.75,998/-. 2. The suit is based on a Consumer Loan Agreement and acknowledgment of liability. Under the agreement, a sum of Rs.1.00 lac was advanced on the terms and conditions stated therein. By a letter dated 8.12.2006, the defendants acknowledged the liability in the sum of Rs.75,998/-. Clause 2 of the loan agreement provides for interest at 2 sj129-10 14.5% p.a. with quarterly rests. However, compound interest is not permissible after the date of filing of the suit. 3. In the affidavit in reply, it is merely alleged that the documents were executed in blank. There is nothing on record to establish the same. The receipt of the amount however, cannot be denied. Apart from the acknowledgment in writing, there is no answer to the plaintiff’s advocates notice demanding payment dated 12.6.2009. 4. There is no defence to the suit. 5. In the circumstances, the summons for judgment is made absolute and the suit is decreed as prayed. However, interest after the date of filing of the suit shall be at 12% p.a. only on the basis of simple interest. Costs to be quantified as per rules. Refund, if any, as per rules.