- 1 - 30.sj..101.2011 ss.42.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 101 OF 2011 IN SUMMARY SUIT NO.42 OF 2011 Bachu Vallabhdas Sampat ..Plaintiff -Versus- 1.Jay Jay Enterprises & Ors. ..Defendants .......... Mr.Kishor D. Shah for the Plaintiff. Mr.S.R.Saudagar for Defendant Nos.1 to 3. .......... CORAM : S.J. VAZIFDAR, J. DATE : 25TH JULY 2011. P.C. 1 The suit is filed to recover an amount of Rs.13,64,000/- together with interest at the rate of 18% on Rs.11,00,000/-. 2 The defendants are the plaintiff’s nephews. The defendants admit having borrowed a sum of Rs.16,00,000/- from the plaintiff on 25th March 2006. They admit having returned only a sum of Rs.3,00,000/- on 14th March 2008 and Rs.2,00,000/- on 20th March 2008 aggregating to Rs. 5,00,000/-. - 2 - 30.sj..101.2011 ss.42.11 3 The demand promissory note dated 23rd June 2009 in the sum of Rs. 11,00,000/- was executed by the defendants in favour of the plaintiff. The letter of confirmation of balance of Rs.11,00,000/-, dated 29th June 2011 was executed by the defendants. There was no reply to the defendants’ advocate notice dated 20th September 2010 demanding payment. 4 There is nothing on record that supports the defendants’ case that the plaintiff accepted the said sum of Rs.5,00,000/- in full and final satisfaction of the loan of Rs.16,00,000/-. Apart from the bare statement to this effect in the affidavit-in-reply, there is no evidence even remotely suggesting the same. The above documents militate against the same. 5 The plaintiff has been extremely indulgent to the defendants obviously in view of the close relationship of the parties. He did not even claim interest from the date of the loan i.e. 25th March 2006 till the date of the promissory note i.e. 23rd June 2009. The promissory note is silent as to the interest. The plaintiff is entitled to interest at 18% per annum. There is no defence whatsoever to the plaintiff’s claim 6 The Summons for Judgment is made absolute and the suit is decreed as prayed. Refund of court fees, if any, as per rules. -