1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.132 OF 2004 Central Bank of India ...Plaintiff Vs. Ravindra N. Mahajan ...Defendant Mr. O.A. Das for Plaintiff CORAM: SMT.ROSHAN DALVI, J. DATED: 8 TH DECEMBER, 2008 P.C. 1. The Plaintiff Bank has sued the Defendant for recovery of Rs.3,17,732/- being the outstanding balance amount along with the interest at 16.5% p.a on principal amount and for declaration that an agreement of hypothecation executed by the Defendant is valid and binding. The Defendant has paid Rs.1,00,000 /- to the Plaintiff after the filing of the Suit. The Defendant has not disputed the liability under the loan granted by the Plaintiff. The Defendant has been given opportunity to settle. Despite that the suit remained unsettled. 2. The Plaintiff has shown the service of the Writ of Summons upon the Defendant by registered post which has been returned after intimations were posted upon the 2 Defendant as shown on the reverse of the packet. The affidavit of service in that regard has been filed. The Defendant has not disputed the Plaintiff's claim and not filed any written statement, despite having appeared in Court. 3. The Plaintiff has tendered the affidavit of examination- in-chief. The documents of the Plaintiff has been considered and marked in evidence. Court Commissioner was also appointed. I am told that the Court Commissioner has issued notice to the Defendant to cross examine the Plaintiff, if required. However since there is no written statement filed, the order appointing Commissioner is revoked. The Plaintiff is entitled to a decree as prayed for upon the averments in the plaint remaining un- controverted. 4. Suit is decreed in terms of prayers (a) and (b). 5. No order as to costs. 6. The original documents of the Plaintiff shall be returned to the Plaintiff on production of Xerox copies thereof. (SMT. ROSHAN DALVI, J.)