1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.3468 OF 1997 Bank of India. ...Plaintiff. Vs. J.D. Jani. ...Defendant. .... Mr. O.A. Das for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 22, 2009. P.C. In August 1995, the Defendant as a proprietor of a concern called “Jay Impex”, requested the Plaintiff to extend a Packing Credit Facility in the amount of Rs.2 lakhs. In order to secure the Plaintiff, the Defendant submitted a share certificate of his residential flat as and by way of collateral security. The Packing Credit was paid off by the Defendant by submitting Export Bills. On the request of the Defendant, the Plaintiff purchased foreign bills to the extent of Rs.7.5 lakhs. The last bill of US $ 16,832 was not paid in full and there was an outstanding to the extent of Rs.2.01 lakhs. An amount of Rs. 43,021.42 was debited to the Current Account of the Defendant as 2 exchange difference which was treated as Temporary Over Draft. The Defendant has executed security documents in favour of the Plaintiff including a bill form and a letter of lien and set off. The Defendant has also executed CD-159 agreeing to pledge certain securities. A share certificate of the residential flat of the Defendant in a Co-operative Society was also deposited with an intent to create a charge on the flat. The Defendant availed of the facility. As on the date of the suit, an amount of Rs.2,92,330/- remained to be due and payable. Under the foreign bill purchase facility, an amount of Rs. 47,237.42 was due and payable under the Temporary Over Draft facility. 2. The Defendant has been served with the writ of summons. At the interim stage, the Defendant has appeared in these proceedings on 20th October 1997 when a conditional order for appointment of a Receiver was passed. In view of the failure of the Defendant to effect deposit as directed by the Court, the Court Receiver stands appointed as the Receiver of the residential flat. The Plaintiff has relied upon 3 an affidavit of evidence of a Competent Officer and on a compilation of documents. Leave has been sought to adduce secondary evidence on the ground that the documents which are referred to in paragraphs 4 and 5 of the Plaint have been misplaced and/or lost. Photo copies of the documents have been annexed at Sr.Nos.1 to 9 of the list of documents. Permission is granted to the Plaintiff to lead secondary evidence in terms of the request made to the Court. The claim in the suit has been duly established on the basis of the evidence on record. The Statement of Account certified under the Bankers’ Books Evidence Act has been annexed to the compilation of the documents. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 12% p.a. from the date of the suit, until payment or realization. 3. The Court Receiver shall be appointed as Receiver in Execution. 4. There shall be a refund of Court fee, if any, as per the rules. .......