1 sj-471-ss-2283-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 471 OF 2009 IN SUMMARY SUIT NO. 2283 OF 2009. Lalit M. Jain. ..Plaintiff. vs. Vishal G. Gandhi. ..Defendant. .... Mr. H.V. Chande, for Plaintiff. Mr. Amit Gharte, i/b. Ranvir S. Shekhawat, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2011. P.C. : By this Summons for Judgment, the Plaintiff prays that Judgment be entered in favour of the Plaintiff in the above Suit and against the Defendant for the sum of Rs.7,66,250/- as set out in the Plaint along with cost and further interest on Rs.5,00,000/- at the rate of 18% per annum or such other rate as this Court deem fit and proper from the date of filing of Suit till payment/realisation. 2. According to the Plaintiff, the Defendant was an employee of the Plaintiff’s sister concern. As the Defendant was in need of money the Plaintiff had granted a loan of Rs.5,00,000/- to the Defendant. The Defendant had agreed to pay interest on the said amount to the Plaintiff at the rate of 18% per annum. According to the Plaintiff, a statement of account of the Defendant dated 1st April 2007 as standing in the books of account of the Plaintiff for the period 1st April 2006 to 31st March 2007 was forwarded by the 2 sj-471-ss-2283-09 Plaintiff to the Defendant for confirmation with a request to the Defendant to return three copies thereof stating therein the Defendant’s Income Tax permanent account number. The Defendant forwarded the said statement after endorsing his confirmation on the same along with his income tax permanent account number. 3. According to the Plaintiff, despite several requests and demands, the Defendant failed to repay the said amount of Rs. 5,00,000/- along with interest thereon at the rate of 18% per annum. Thereafter the Plaintiff by his Advocate’s notice dated 18th July 2009 recorded the aforesaid facts and called upon the Defendant to pay the said amount of Rs.5,00,000/- along with interest thereon at the rate of 18% per annum from 25th August 2006 till payment within a period of four days from the receipt of the notice failing which the Plaintiff would proceed to institute legal proceedings against the Defendant. The Defendant failed to respond to the said notice dated 18th July 2009. 4. The Plaintiff thereafter filed the present Suit and served the writ of summons on the Defendant. The Advocate for the Defendant filed his appearance on 12th October 2009. The Plaintiff thereafter took out the above Summons for Judgment and served the same on the Advocate for the Defendant on 12th November 2009. Though more than 15 months have passed, the Defendant has failed to file his Affidavit-in-Reply to the Summons for Judgment. 5. On 7th January 2011 when the Summons for Judgment appeared before this Court [Coram : A.S. Oka, J.] none appeared for the Defendant. The Summons for Judgment was therefore adjourned to 8th February 2011. Today when the Summons for 3 sj-471-ss-2283-09 Judgment is taken up for hearing, the Advocate for the Defendant seeks time to file a reply. Though the Defendant is present in Court, his Advocate is unable to explain as to why the reply is not filed since the last more than 15 months. He is also unable to explain as to why the Plaintiff’s Advocate’s notice dated 18th July 2009 was not replied to by the Defendant. He submits that after the present Suit was filed, the Defendant has filed a complaint before the Industrial Court against the Plaintiff seeking to recover Rs.9,00,000/- from the Plaintiff towards his wage arrears. Again he was unable to answer that if the Defendant could file independent proceedings against the Plaintiff after filing of the above suit, why has he not filed his Affidavit-in-reply to the Summons for Judgment in the last 15 months and that too after he got an opportunity to do so on 7th January 2011, when the matter was called out and adjourned to 8th February 2011. Though the Defendant has no defence qua the claim of the Plaintiff, for the purpose of testing his bonafides, he was asked if he was willing to deposit atleast an amount of Rs.5,00,000/- in Court, to which he has answered in the negative. 6. In view of the above, it is established beyond any doubt that the Defendant has taken a loan of Rs.5,00,000/- from the Plaintiff and has not returned the same though he has given his confirmation (Exhibit-A to the Plaint) and thereby acknowledged his liability. I am convinced that the Defendant has no defence to the claim raised by the Plaintiff in the present Suit. Hence, I pass the following order :- (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.7,66,250/- and interest @ 18% per annum on the amount of Rs.5,00,000/- from the date of filing of the Suit till payment or 4 sj-471-ss-2283-09 realisation. (ii) The Defendant shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. (iv) The Summons for Judgment is accordingly made absolute and the Summary Suit also stands disposed of. [ S.J. KATHAWALLA, J. ]