1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3513 OF 1997 Bank of India ..Plaintiff. Vs. Narendra V. Chheda ..Defendant. ..... Mr. N.S. Fadia for the Plaintiff. None for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 1st October, 2009. P.C. : 1. This is a bank suit for recoveries due against monies lent and advanced. 2. On the request of the Defendant, the Plaintiff granted an overdraft facility against a pledge of shares to the extent of Rs.3 lacs repayable with interest at the rate of 5.25% over the bank rate with a minimum of 17.25% per annum with quarterly rests. The facility was availed of by the Defendant by pledging certain shares. The Defendant executed a 2 demand promissory note and letters of continuing security, pledge, lien and set off and undertaking, all dated 10th August, 1994. The Plaintiff has, however, stated that the share certificates were found to be not genuine and were forged. Since the amount under the facility was not paid, a letter of demand was addressed on 24th May, 1997. The suit has been instituted for recovery. 3. The Defendant has been served with the writ of summons. The suit came to be transferred to the list of undefended suits on 25th February, 2005 since no written statement was filed. The Plaintiff has filed an affidavit of evidence of a competent officer and the list of documents on the basis of which the claim has been duly proved. The suit shall stand decreed in terms of prayer clause (a) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization. *****