: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1020 OF 1990 Union Bank of India ....Plaintiff V/s. S.Babubhai & Co. & Ors. ....Defendants Mr.N.S. Fadia for the Plaintiff. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JULY, 2008. P.C. : 1. The suit is filed to recover an amount of Rs.3,44,044/- together with interest being the amounts due under the bill discounting facility. The Plaintiff has also sought a decree in the sum of Rs.8,753/- with interest being the amounts due under the temporary over draft facility. 2. Defendant No.1 is the partnership firm of which Defendant Nos.2 and 3 are the partners. In October, 1987, Defendant No.1 drew four bills of exchange on various parties. The bills of exchange are accepted by the drawees. Incidentally separate suits have been filed against the drawees and the decrees have been obtained against the respective drawees. : 2 : 3. The said four bills of exchange were discounted by Defendant No.1 with the Plaintiff under the discounting facility granted by the Plaintiff to Defendant No.1. The bills of exchange were duly noted and protested for nonpayment. Despite the same the amounts had not been repaid. 4. The Plaintiff has also granted Defendant No.1 a temporary over draft facility in their account to the extent of Rs.8510/-. The amounts due thereunder have also not been paid. 5. Thus in these circumstances, the above suit has been filed. 6. The Plaintiff has examined one Mukund Nagarao Teppalwar, Chief Manager of the Plaintiff, who has filed his affidavit in lieu of examination in chief and a further affidavit also in lieu of examination in chief. There is no cross-examination. The Defendants remained absent. 7. Mr.Fadia, the learned counsel appearing on behalf of the Plaintiff tenders a compilation of documents which is taken on record and marked Exhibit-A collectively. : 3 : 8. There is nothing on record that militates against the Plaintiff’s claim. In fact the correspondence indicates that the claims have been admitted. For instance by a letter dated 10.9.1988 the Defendants have expressly agreed that the due amount under the said bills in the sum of Rs.2,50,786/- shall be paid by the acceptors. The point therefore, is that the Defendants have admitted the amounts. Further the accounts have been filed by the Plaintiffs under the Banker’s Books of Evidence Act 9. In the circumstances, the suit is decreed as prayed. The costs to be quantified as per rules.