1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1279 OF 1981 ICICI Bank Ltd. A company incorporated and registered under the Indian Companies Act, 1956 (1/1956) and also banking co. under Sec. 5(C) of Banking Regulation Act of 1949 (10/1949), having its Registered office at “Land Mark”, Race Course Circle, Vadodara and corporate office at ICICI Bank Towers, Bandra-Kurla Complex, Mumbai400051 having one of its branches amongst other places at “Parel Branch”, 278, Javalkar Mansion, Dr. Ambedkar Road, Parel, Mumbai 400 012. ...Plaintiff. Vs. 1. M/s. Ramji Vijpal & Co. a partnership firm, cloth merchant, Ebrahim Kasam Building, Sane Guruji, Marg, Lalbaug, Bombay 400 012. 2 Ramji Vijpal Nandu, 3 Chandrakant Ramji Shah 4 Prafullakumar Ramji Nandu, All R/o. Harharwalla Building, Opp. Ganesh Talkies, Sane Guruji 2 Marg, Lalbaug, Bombay-400 012. 5 Hemlata W/o Harsukh Shah, 6 Devendra Harsukh Shah All R/o. Block No.4, Building No.8, Pawan Baug Co-op. Housing Society, 1st Floor, Pawan Baug, Malad (W) Bombay. 7 Vijay Hasmukh Shah, Minor under 18 years of age, by his guardian. ...Defendants. Mr. Nana D. Yelekar for the Plaintiff. None for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 4th SEPTEMBER, 2009. ORAL JUDGMENT:- 1 This is a bank suit for recovery of amount which Defendants failed to pay, though enjoyed the overdraft facilities. Though served, non appeared for the Defendants. The Court also issued the notices. None appeared even thereafter. 2 As the Commissioner was also appointed for recording the evidence and one opportunity was given to the Defendants, though intimated and informed, none appeared for the Defendants, even before the 3 Commissioner. 2 The Commissioner, therefore, recorded the evidence on 4th August, 2009. 3 Considering the averments made in the plaint and in affidavit of documents in lieu of examination-in-chief dated 1st March, 2006, and affidavit in lieu of evidence, on 28th September, 2007, and as same remain uncontroverted, I am inclined to grant the decree as prayed. 4 The Plaintiff has also filed documents in support of the same. The Originals are also taken on record and marked as Exhibit “A” collectively. Those originals are the extract of bank records. The contends of the same are also remained controverted and in view of above also stands proved. 5 Therefore, the following order:- O R D E R The Defendants are directed to pay jointly and severally to the Plaintiff a sum of Rs.78,925.35 with interest @ 9% p.a. from the date of the suit till the realization. Decree be drawn accordingly. The suit is accordingly allowed. No costs. (ANOOP V. MOHTA, J.)