1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO.360 OF 2007 FOR JUDGMENT NO.360 OF 2007 FOR JUDGMENT NO.360 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.2555 OF 2004 SUIT NO.2555 OF 2004 SUIT NO.2555 OF 2004 Smt.Premadevi Pandey : Plaintiff versus Ramjivandas Narang & ors. : Defendants. Mr.Omprakash Pandey i/by M/s.Pandey & Co. for the plaintiff. Mr.Induprakash Tripathi a/w Mr.A.Singh for the defendants. CORAM CORAM CORAM : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. DATED DATED DATED : 05th February 2008. : 05th February 2008. : 05th February 2008. P.C. P.C. P.C. 1. The suit is filed to recover an amount of Rs.1,50,000/- together with interest thereon at the rate of 18% p.a. from 12th June 2003 till payment. 2 2. The suit is based on a writing dated 12th June 2003 executed only by defendant No.1. By the said writing, Defendant No.1 has agreed to repay the said amount within six months. The writing, however, does not provide for interest. The interest, however, was claimed in the notice dated 2nd August 2004 addressed by the plaintiff’s advocate demanding payment. 3. There is nothing on record which belies the plaintiff’s claim against defendant No.1. 4. As far as cause of action in the present suit is concerned, there is no case whatsoever against Defendant Nos.2, 3 and 4. They are not parties to the said writing. The plaintiff’s application for dropping Defendant Nos.2, 3 and 4 is allowed. The suit, therefore, against Defendant Nos.2, 3 and 4 is dismissed. . Further the plaintiff has made a statement that she gives up the security that she alleges to have to secure the repayment of the said amount from the defendant No.1. 3 5. The summons for judgment is made absolute and the suit is decreed as prayed as against Defendant No.1. However, interest shall be paid on the said sum of Rs.1,50,000/- from 2nd August 2004 till payment. Refund, if any, as per rules. ********** ********** **********