1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4306 OF 1993 SUIT NO. 4306 OF 1993 SUIT NO. 4306 OF 1993 Central Bank of India, a body ] Corporate, incorporated under ] the provisions of the Banking ] Companies (Acquisition and ] Transfer of Undertakings) Act, ] Plaintiffs 1970, having its Head Office at ] Chander Mukhi, Nariman Point, ] Bombay - 400 021 and Branch ] Office amongst others at ] P.D.’Mello Road, Bombay- 400 009 ] Vs. 1. M/s Zinal Bearing & Hardware ] a Partnership firm, carrying ] on business at 3/27, 2nd Floor ] Keshavji Naik Road, ] Bombay - 400 009 ] 2. Mr. Harish D. Bhadra of Bombay ] Indian Inhabitant, residing ] at A/401, Sushila Apartment ] Sarojini Naidu Road, ] Tambe Nagar, Mulund (West) ] Bombay - 400 080 ] 3. Mr. Shankerlal Purshottam Gore ] Defendants of Bombay Indian Inhabitant ] residing at A/401, Sushila ] Apartments, Sarojini Naidu ] Road, Tambe Nagar, Mulund (W) ] Bombay - 400 080 ] 4. Mr. Damodar V. Bhadra of Bombay] Indian Inhabitant, residing at ] A/401, Sushila Apartment, ] Sarojini Naidu Road, Tambe ] Nagar, Mulund (West), ] Bombay - 400 080 ] Mr. Swati Deshpande i/b M.S. Bodhanwalla & Co. for the Plaintiffs. None for the Defendants. 2 CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. DATE : 9TH JULY, 2007 DATE : 9TH JULY, 2007 DATE : 9TH JULY, 2007 JUDGMENT 1) Heard learned Counsel for the Plaintiffs. The suit is for recovery of a sum of Rs.85,868.42 together with further interest thereon at the rate of 21.75 per annum with quarterly rests. 2) After having perused the plaint and the annexures to the plaint, I find that this is a fit case for pronouncing the judgment in view of Sub Rule (2) of Rule 5 of Order VIII of Code of Civil Procedure, 1908. However, interest under Section 34 of the said Code will have to be granted at the rate of 18% per annum. 3) Hence, there will be a decree in terms of Prayer clause (a) with a modification that the interest payable on sum of Rs.85,868.42 will be at the rate of 18% per annum from the date of the suit till the payment. The defendants will pay costs of the suit to the Plaintiffs. (A.S. OKA, J.) (A.S. OKA, J.) (A.S. OKA, J.)