1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.1417 OF 1998 Oriental Bank of Commerce ..Plaintiff. Vs. Vijay Gobindas Prithyani and another ..Defendants. ..... Mr. C.D. Patel i/b Mr. B.R. Chinchkar for the Plaintiff. None for the Defendants. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 23rd January, 2008. P.C. : This is a bank suit for the recovery of an amount of Rs.86,722.54 together with interest. The Defendants have failed to remain present despite service of the writ of summons and the suit has been listed as an undefended suit. The suit has been instituted on 6th March, 1998 which is within a period of three years of the acknowledgment of liability dated 6th July, 1995. The suit therefore within limitation. The Plaintiff has filed a compilation of the original documents containing inter alia (i) an agreement for cash credit/ overdraft dated 7th April, 1992; (ii) an agreement for hypothecation of movable assets dated 2 8th April, 1992; (iii) agreements of guarantee dated 7th April, 1992 and 8th October, 1992; (iv) a copy of a notice of demand dated 14th October, 1996; (v) balance confirmation letters dated 13th March, 1995 and 6th July, 1995; and (vi) statements of the term loan account, cash credit account and the protested bill account. A certificate under the Banker's Books of Evidence Act is also placed on the record. The claim in the suit has been duly proved on the basis of the uncontroverted documentary evidence on the record. The suit shall accordingly stand decreed in terms of prayer clause (a). The Plaintiff will be entitled to interest at the rate of 12% per annum from the date of the suit until payment or realization.