1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summary Suit No.3121 of 2007 Punjab National Bank .. .. Plaintiff v/s. M/s.Pratham Enterprises & anr. .. Defendants Mr.Prasad Das i/by Goenka Law Associates for Plff. Mr.Nitin R. Shah i/by Ajay K. Rao for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 5 th March 2009 P.C. : 1. The Plaintiff has sued for recovery of the amount due under the Overdraft account of the Defendants. The Defendants were given a temporary Overdraft facility by the Plaintiff. This was for the Defendants' business for which an account was kept by the Plaintiff. The amount was not returned. Hence the Plaintiff issued a notice calling upon the Defendants to repay the amount. The first reply of the Defendants dated 25.4.2005, Exhibit- E to the Plaint, requests the Plaintiff to consider the notice from the date of the receipt of the notice and also requests for time to revert to the Plaintiff. The second reply dated 3.9.2005 of the Defendants admits the amount of Rs.4,25,000 /- as outstanding. The Defendants promised to regularize and adjust the account as per the installments stated therein. 2 This is the admission of the liability of the Defendants made in writing to the Plaintiff. The Defendants have issued cheques showing that the dates of the installments are offered to be paid by themselves. Each of the cheques have been dishonoured. The Suit is filed upon these dishonoured cheques. The amount due and payable is as reflected in the account of the Defendants kept by the Plaintiff. 2. Under the specifically admitted amount in writing, the Plaintiff is entitled to a judgment on admission under the provisions of Order XII Rule 3 of the Code of Civil Procedure itself. 3. However, the Summary Suit having been filed and the Defendants having entered appearance, the Plaintiff has taken out the Summon for Judgment. The Defendants have merely denied each and every averment in the Affidavit- in- reply filed in the Summon for Judgment. There is absolutely no defence shown to the dishonoured cheques and the admission on liability. 4. The Summons for Judgment is made absolute as prayed. The Suit is decreed accordingly. 5. The original documents of the Plaintiff are taken on record 3 and marked Exhibit- A (collectively). 6. Refund as per rules. (SMT.ROSHAN DALVI, J.)