1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 955 OF 2003 Dena Bank .. Plaintiff Versus Atul Dhirajlal Sohani and another .. Defendants Mr. Vikas G. Naik i/b Shukla & Shukla for the plaintiff Mr. Moni Ram Engti,Manager Dena Bank Present CORAM:- SHRI V. M. KANADE, J. DATED : 27 th January, 2010 P.C. 1. Heard learned counsel appearing on behalf of the plaintiff. None appeared for the defendants though they are served. 2. The plaintiff has filed affidavit of service. The plaintiff also filed original documents with list and an affidavit in lieu of evidence dated 18 th January, 2010. The plaintiff has examined its witness. The affidavit in lieu of evidence is taken on record and marked “X”. 3. It is submitted that the defendant No.1 had requested the plaintiff to give him credit facility by executing necessary security documents in favour of the plaintiff to secure repayment of the said 2 facilities. Accordingly the cash credit was granted in favour of the defendant for an amount of Rs.1,80,000/-. Defendant No.1 had executed Demand Promissory Note dated 10.8.1996, letter of continuity dated 10.8.1996, agreement of Hypothecation of Goods dated 10.8.1996, letter of guarantee dated 21.10.1993 of defendant no. 2 and continuity guarantee of the same date. Instead of repeated requests made by the plaintiff, defendant no.1 failed to repay the said amount. Hence the plaintiff has filed this Suit. 4. The defendants 1 acknowledged and confirmed the liability to pay the debt by executing letters of acknowledgment of debt dated 16.6.1998 and 29.6.2000.The Suit is filed on 15 th February, 2003 and therefore it is filed within limitation. The Suit of the plaintiff is therefore decreed in terms of prayer clauses (a), (b) and (c). 5. The Suit is accordingly disposed of. 6. Certified copy is expedited. (V. M. KANADE, J.) jpc/- 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 955 OF 2003 Dena Bank .. Plaintiff Versus Atul Dhirajlal Sohani and another .. Defendants Mr. Vikas G. Naik i/b Shukla & Shukla for the plaintiff Mr. Moni Ram Engti,Manager Dena Bank Present CORAM:- SHRI V. M. KANADE, J. DATED : 27 th January, 2010 DEPOSITION Examination in chief I, Mr. Moni Ram Engti, Age- 56 years, Occupation: Service- Manager Dena Bank, R/o Nallasopara(E), Dist. Thane, do hereby state on solemn affirmation as under: I say that I had affirmed the affidavit dated 18 th January, 2010. The contents of the said affidavits are true and correct. The said affidavit is taken on record and marked Exh. “X’ (V. M. KANADE, J.) jpc/-