1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.802 NO.802 NO.802 OF 1998 OF 1998 OF 1998 State State State Bank of Indore Bank of Indore Bank of Indore ...... Plaintiff Plaintiff Plaintiff vs vs vs Mr.Ajay Mr.Ajay Mr.Ajay Sarupia .. Sarupia .. Sarupia .. Defendant Defendant Defendant Mr.P.N.Singh Mr.P.N.Singh Mr.P.N.Singh i.b i.b i.b Vyas & Bhalwal for Vyas & Bhalwal for Vyas & Bhalwal for Plaintiff Plaintiff Plaintiff None None None for for for Defendant Defendant Defendant CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J DATED DATED DATED : : : 30th July, 2007 30th July, 2007 30th July, 2007 JUDGMENT JUDGMENT JUDGMENT 1.1.1. The suit is kept under the caption " undefended The suit is kept under the caption " undefended The suit is kept under the caption " undefended suits suits suits for ex parte decree." The plaintiff has filed for ex parte decree." The plaintiff has filed for ex parte decree." The plaintiff has filed on on on record record record the affidavit of claim of Mr.R.K.Wase,its the affidavit of claim of Mr.R.K.Wase,its the affidavit of claim of Mr.R.K.Wase,its Chief Chief Chief Manager of Malad branch at Mumbai. The Manager of Malad branch at Mumbai. The Manager of Malad branch at Mumbai. The original original original documents on which the claim of the documents on which the claim of the documents on which the claim of the plaintiff plaintiff plaintiff is based are also produced alongwith the is based are also produced alongwith the is based are also produced alongwith the said said said affidavit. affidavit. affidavit. 2.2.2. In January, 1994,on the request made by the In January, 1994,on the request made by the In January, 1994,on the request made by the defendant defendant defendant an overdraft facility to the extent of an overdraft facility to the extent of an overdraft facility to the extent of Rs.1,00,000/- Rs.1,00,000/- Rs.1,00,000/- was granted by the plaintiff to the was granted by the plaintiff to the was granted by the plaintiff to the defendant. defendant. defendant. Various documents were executed by the Various documents were executed by the Various documents were executed by the defendant defendant defendant by way of security for the repayment of by way of security for the repayment of by way of security for the repayment of the the the amount due and payable under the said overdraft amount due and payable under the said overdraft amount due and payable under the said overdraft facility. facility. facility. 2 3.3.3. I have perused the plaint and the original I have perused the plaint and the original I have perused the plaint and the original documents documents documents which are tendered on record. which are tendered on record. which are tendered on record. Considering Considering Considering the averments made in the plaint and the averments made in the plaint and the averments made in the plaint and the the the documents handed in on record, this is a fit documents handed in on record, this is a fit documents handed in on record, this is a fit case case case for for for passing a decree by invoking sub rule 2 of passing a decree by invoking sub rule 2 of passing a decree by invoking sub rule 2 of Rule Rule Rule 5 5 5 of Order VIII of the Code of Civil Procedure of Order VIII of the Code of Civil Procedure of Order VIII of the Code of Civil Procedure 1908. 1908. 1908. It must be stated that in the affidavit of It must be stated that in the affidavit of It must be stated that in the affidavit of Mr.R.K.Wase Mr.R.K.Wase Mr.R.K.Wase it is stated that Court Receiver was it is stated that Court Receiver was it is stated that Court Receiver was appointed appointed appointed in respect of the pledged securities and in respect of the pledged securities and in respect of the pledged securities and he he he has not sold any of the securities. has not sold any of the securities. has not sold any of the securities. 4.4.4. Though the plaintiff is entitled to a decree, Though the plaintiff is entitled to a decree, Though the plaintiff is entitled to a decree, further further further interest will be at the rate of 18 % p.a. interest will be at the rate of 18 % p.a. interest will be at the rate of 18 % p.a. 5.5.5. The suit is decreed in terms of prayers (a) to The suit is decreed in terms of prayers (a) to The suit is decreed in terms of prayers (a) to (c) (c) (c) with with with modification that interest payable will be modification that interest payable will be modification that interest payable will be atatat the rate of 18 % p.a. from the date of filing the rate of 18 % p.a. from the date of filing the rate of 18 % p.a. from the date of filing the the the suit till payment or realisation. The suit till payment or realisation. The suit till payment or realisation. The defendant defendant defendant will pay the costs of the suit to the will pay the costs of the suit to the will pay the costs of the suit to the plaintiffs. plaintiffs. plaintiffs. 6.6.6. The plaintiff will be entitled to refund of The plaintiff will be entitled to refund of The plaintiff will be entitled to refund of court court court fees, if any, as per rules. fees, if any, as per rules. fees, if any, as per rules. 7.7.7. Certified copy is expedited. Certified copy is expedited. Certified copy is expedited. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 3