1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2606 OF 2008 SADANAND CO-OP CREDIT SOCIETY LTD. ..PLAINTIFFS VS. M. ATHISAYAMANI NADAR & ORS. ..DEFENDANTS Mr.Sudarshan Shighrani for Plaintiffs None for Defendants CORAM: Smt. ROSHAN DALVI, J. DATED : 8th APRIL, 2009 P.C.: 1.This suit is filed upon the acknowledgment signed by the Predecessor-in-title of the Defendants initially on 10.05.2003 for repayment of the loan of Rs.80,000/- granted to him by the Plaintiffs. The Defendants who are the heirs of the said loanee have also filed Affidavit-cum-declaration admitting the loan of Rs.80,000/- taken by their predecessor-in-title. It is marked Exhibit B to the Plaint. Summary Suit is maintainable for a sum of Rs.80,000/- receipted by the said loanee and admitted by the Defendants. 2 2.However, the Plaintiffs have sued not only for the principal amount but also for interest @ 15% p.a. thereon. The Plaintiffs claim that admitted rate of interest upon admitted loan is shown in the Affidavit of the said loanee which is marked as Exhibit B to the Plaint. Affidavit of the loanee dated 10.05.2003, does not bear the same signature on the revenue stamp. The signature is shown to be that of one R. Muthukumar. R. Muthukumar is stated to be the father of the loanee. Thereafter the loanee has signed the said Affidavit but not on revenue stamp. Affidavit is also signed by P.R.Mani. The Agreement with regard to the payment of loan @15% interest to make it liquidated upon which a summary suit can be filed is not shown. The Plaintiff has served the writ of summons by substituted service by publication as well as under certificate of posting. The Defendants have not entered appearance. The averments in the plaint are not controverted. Further it is seen that the summary suit is maintainable only for the principal amount of Rs.80,000/-. Suit is decreed as prayed for Rs.80,000/- with interest thereon @ 6% p.a. from the date of the grant of loan until realisation. The original documents of the Plaintiffs being loan receipt, Affidavit dated 10.05.2003, another Affidavit in respect of the room of the loanee dated 3 30.04.2003 and the affidavit-cum-declaration of the Defendants as well as further Affidavit of Defendant No.3 dated 14.07.2006 and the legal notice dated 27.05.2008 are taken on record and marked Exhibit A colly. Refund as per rules. (Smt. Roshan Dalvi, J)