1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 269 OF 2003 Esenpro Finance and Investment Pvt.Ltd....Plaintiff vs. Gold Mould & Jewellery India P.Ltd. ....Defendant Mr.M.L. Palan with Ms.D. Vanjara i/b. M/s.B.R. Oza & Co. for the Plaintiff. CORAM : V.M. KANADE, J. DATED : JANUARY 12, 2010 P.C. :- 1 Heard Counsel for the plaintiff. The defendants have not filed their written statement though are served. 2 The plaintiff has filed the suit for recovery of an amount of Rs.19,39,600/- along with interest at the rate of 18% per annum on the principal sum of Rs.13 lakhs from the date of the suit till payment and/or realization. The plaintiff 2 is a private limited company and is providing finance to parties who apply for loan. According to the plaintiff, the defendants made a request for loan from time to time from the plaintiff and an amount of Rs.5 lakhs, Rs.3 lakhs and Rs.5 lakhs in all aggregating to Rs.13,00,000/- was paid by way of loan by the plaintiff to the defendants from time to time. The defendants, however, failed to return the said amount though interest was paid on the said loan upto 31st March, 2000. The plaintiff, therefore, demanded the said amount and on the failure by the defendants to pay the said amount, the present suit has been filed. The plaintiff has filed additional affidavit of Brijnarayan S. Singh dated 12th January, 2010. 3 The averments made in the plaint are not controverted by the defendants. In this view of the matter, the plaintiff, in my view, is entitled for judgment and decree in view of provisions of Order VIII Rule 10 of the CPC. The suit is filed within a 3 period of limitation. The plaintiff is entitled for judgment in terms of para 16. The suit, accordingly, is decreed. The plaintiff is entitled for refund of Court fees in accordance with Rules. 4 Certified copy is expedited. (V.M. KANADE, J.)