1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4127 OF 2000 ICICI Bank Ltd. ....Plaintiff Versus Chandrakant Jadavji Nathwani ....Defendant Mrs.Nutan V. Desai, Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 27th NOVEMBER, 2009. P.C. : Heard learned Counsel for the Plaintiff. 2. I have perused the affidavit filed by one- Mr. Parab, Clerk in the Office of the City Court, Bombay and also the acknowledgment annexed at Exhibit "A" of the said affidavit. The affidavit alongwith the annexure discloses that the Defendant has been served duly with writ of summons. Inspite of this position, the Defendant has failed to appear in the above suit. In the above circumstances, the Prothonotary & Senior Master by an Order dated 4th February, 2008 transferred this suit to the list of "Undefended Suits". 3. The Plaintiff has filed compilation of original documents and affidavit of evidence. The same are taken on record and marked as Exhibit "P-1 collectively" for identification. I have perused the plaint, compilation of original 2 documents and affidavit of evidence. The Plaintiff has filed a said suit for a recovery of an amount of Rs. 68,489.35 paise against the Defendant with interest at the rate of 20% p.a.. 4. It is the case of the Plaintiff that the Defendant opened an Current Account bearing No. 2624 on or about 2nd November, 1997. The Defendant, thereafter, on or about 1st July, 1998 approached the Plaintiff with a request to honour the cheque no. 618704 for an amount of Rs.25,000/- issued by him in the said current account. On the said date, there was a credit balance in the said account for Rs. 297.25 only. The Plaintiff accepted the request of the Defendant and allowed temporary overdraft to the extent of Rs.24,717.75 in the current account of the Defendant. However, the Defendant failed and neglected to pay the amount due and payable by him to the Plaintiff under the aforesaid temporary overdraft and therefore, the Plaintiff issued a notice dated 31.1.2000 calling upon the Defendant to pay the balance amount. A copy of the said statement and accounts is annexed at Exhibit "A" and the notice is annexed at Exhibit "B" to the plaint. The Plaintiff has also annexed particulars of claim at Exhibit "C" to the plaint. 5. I have gone through Exhibit "P-1 Collectively". The said evidence supports the contents of the plaint. This evidence is not controverted by the Defendant. In these circumstances, the suit is decreed in terms of prayer clauses (a) and (b). Decree to be drawn up, accordingly. Sd/- (R. V. MORE, J.)