abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1514 OF 2007 Mihir Navin Chandarana .. Plaintiff V/s Kirtikumar A. Parekh .. Defendant Mr.Ramesh Jain for the plaintiff. None for the defendant. CORAM : D.G. KARNIK, J. DATE : 16TH APRIL 2009 P.C. P.C. P.C. : 1. Heard the learned counsel for the plaintiff. None present for the defendant. 2. Perused the affidavit of service dated 5th May 2008 sworn by Mr.K.K. Naik, Clerk/Bailiff in the office of the Deputy Sheriff of Bombay, which proves service of writ of summons on the defendant. Despite service of writ of summons, the defendant has not filed appearance till today. The suit is therefore set down for hearing - 2 - under Rule 226 of the Bombay High Court (Original Side) Rules. 3. The plaintiff has produced on record the original documents along with the affidavit of Mr.Naveen B. Chandarana, Constituted Attorney of the plaintiff, in lieu of examination in chief. In his affidavit, P.W.1 - Chandarana has stated that the plaintiff gave to the defendant a loan of Rs.8,00,000/- with interest at 18% p.a. The defendant paid interest as stated in para 7 of the affidavit. The defendant deducted tax at source under section 203 of the Income Tax Act and issued two certificates of two tax deducted at source (T.D.S.). Copies of the T.D.S. certificates are produced on record. By a loan confirmation letter dated 27th February 2006, the defendant acknowledged the outstanding in the sum of Rs.8,36,000/- inclusive of interest. The original confirmation letter is produced on record. The signature and the contents thereof are proved by the plaintiff by filing an affidavit of P.W.1. The plaintiff has also issued notice to the defendant. The office copy of the notice and the acknowledgment are produced on record. 4. The documents prove that the plaintiff had advanced the loan to the defendant and the defendant had acknowledged the liability and confirmed the balance. - 3 - In view of this, the plaintiff is entitled to a decree. 5. The suit is accordingly decreed. The defendant shall pay to the plaintiff the sum of Rs.8,54,049.29 p. together with interest thereon at the rate of 12% p.a. from the date of the suit till payment. (D.G. KARNIK, J.)