1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.450 OF 2007 Syndicate Bank ...Plaintiff Vs. M/s. Jageet Men's Wear & Ors. ...Defendants Mr.Kharawala i/b. Rajan Pillai for Plaintiffs CORAM: SMT.ROSHAN DALVI, J. DATED: 4 TH DECEMBER, 2008 P.C. 1. The Plaintiff Bank has sued for recovery of Rs.7,17,362 /- as per particulars of claim Exhibit- O to the plaint with interest at the rate of 16.5% p.a compounded with monthly rest from the date of the suit till realizsation. 2. The Plaintiff has granted overdraft facilities upon which Defendants have included documents mentioned in paragraph 5 of the plaint. 3. The Defendants have been served with writ of summons by RPAD as per the affidavit proving service, which has been filed in by the Plaintiffs. 2 4. The service effected by RPAD has been returned with the remark “unclaimed ”. The service tentamounts to good service as per Section 27 of the General Clauses Act. The Defendants have failed to appear or file their written statement despite service. The Plaintiff tenders its affidavit of examination- in-chief and original documents. They are taken on record and marked Exhibit- A. The averments in the plaint are not controverted. Suit is decreed in terms of prayer clause (a). Refund as per rules. 5. The Plaintiff's Advocate states that the Defendants' shop is opposite to the Plaintiff's branch. The materials in the shop are hypothecated to Plaintiff's Bank. These materials are being disposed off each day. The Plaintiff's Advocate therefore, applies for execution before the Decree is sealed under Rule 314 of the High Court Rules (O.S.). 6. The Plaintiff shall be allowed to proceed in execution before the decree is sealed. 7. The Plaintiff shall be returned the original documents on production of xerox copies. (SMT. ROSHAN DALVI, J.)