1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.4622 OF 1997 Bank of India. ...Plaintiff. Vs. Omega Engineering & Ors. ...Defendants. .... Mr. O.A. Das for the Plaintiff. None for the Defendants. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 22, 2009. P.C. On the request of the First Defendant which is a partnership firm, the Plaintiff extended a Bill Discounting Facility with a limit of Rs.5 lakhs in the month of September 1994. The Second and Third Defendants are partners of the First Defendant. The Plaintiff discounted six bills in the amount of Rs. 13.57 lakhs all of which were paid except for Bill No.30/32 for a sum of Rs.2,57,100/-. The drawee of the bill, by a letter dated 31st August 1995 refused to honour it on the ground that the material had been rejected and 2 returned. In consideration of the grant of the facility, the Defendants have executed various documents by way of security. The Fourth Defendant executed a Deed of Guarantee dated 12th December 1996. The Defendants failed to pay the outstanding dues despite a letter dated 10th October 1995 and an Advocate's notice dated 8th October 1997. An amount of Rs.1,97,569/- was due and payable under the bill discounting facility as on the date of the suit. The Plaintiff averred that the facility was utilized by the Defendants and the amounts due are shown in the account maintained by the Defendants in the usual course of business. The Defendants have been served with the writ of summons. The Defendants not having entered appearance, the averments in the plaint have not been controverted. The Plaintiff has relied upon an affidavit of evidence of their Senior Manager and on a compilation of the original documents. The claim has been duly proved on the basis thereof. The suit shall accordingly stand decreed in terms of prayer clauses (a) and (b) with the modification that the 3 Plaintiff will be entitled to interest at the rate of 12% p.a. on the principal sum from the date of the suit until payment or realization. There shall be a refund, of Court fee if any, as per the rules. ......