: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.130 OF 2004 Munna S.Kanaujia & Anr. ....Plaintiffs V/s. Mukardhan Bharti & Anr. ....Defendants Mr.S.B. Sharma for the Plaintiffs. Mr.Rohan Dharandale i/b Mr.R.S. Datar for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATED : 15TH JANUARY, 2008. P.C. : 1. The suit is filed to recover a sum of Rs.4,00,000/- together with interest thereon at 18% p.a. from Defendant No.1. Defendant No.2 is only a formal party. 2. The Chamber Summons for condoning the delay in filing appearance was rejected over two years ago. There is no written statement. 3. The suit is filed to recover the amounts lent and advanced by the Plaintiffs to Defendant No.1 for purchase of a truck by Defendant No.1 from Defendant No.2. Defendant No.1 executed a declaration dated : 2 : 22.10.1999 in the presence of witness acknowledging the receipt of the loan.The loan has not been repaid despite requests for repayment. 4. The Plaintiffs have tendered a compilation of the documents. The same are taken on record and marked Exhibit "A" collectively. There is nothing on record that militates against the Plaintiffs’ claim. Considering the averments and submissions in the plaint as well as the documents, it is clear that the Plaintiffs have established their claim. 5. In the circumstances, the suit is decreed as prayed against Defendant No.1. No reliefs against Defendant No.2. Refund as per rules.