1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1447 OF 2005 Mr. Suresh Rasal ..... Plaintiff. V/s Jagdish Assan Golani .... Defendant. Ms. S.A. Dhamale for plaintiff. None for defendant. CORAM: V.M. KANADE, J. DATE : 14 th September, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiffs. None appears for defendant though he is served. Plaintiffs have also filed compilation of original documents and affidavit in lieu of evidence. 2. Plaintiffs have filed a summary suit. P.W. 1 is a retired Bank Manager. The deceased father of defendant represented that he is the owner of the plot along with bungalow constructed on the said plot of land. He stated that he required a short term finance of Rs 4.50 lakhs and that he was ready to create an equitable mortgage of the said property and also 2 executed Demand Promissory Note and promised to repay the said amount on demand. Accordingly defendant executed equitable mortgage on 11/9/2001. Demand Promissory Note was also executed for an amount of Rs 4.50 lakhs on 11/9/2001. Accordingly, the said amount was advanced to him. Though the said amount became due and payable, the amount was not paid. A cheque which was issued towards repayment of the said amount was dishonoured. Plaintiffs also filed criminal complaint under section 138 of the Negotiable Instruments Act. Plaintiffs, therefore, filed this Summary Suit on the basis of three cheques along with letter dated 25/11/2002 whereby claim of the plaintiffs was admitted. 3. No appearance has been filed by defendant within 10 days from the service of writ of summons. Plaintiffs have tendered compilation of original documents. The said original documents are taken on record and marked as Exhibit-P1 collectively. Taking into consideration the evidence of plaintiffs and the original documents marked as Exhibit-P1 collectively, Plaintiffs are entitled to judgment and decree as prayed. 4. Suit accordingly is decreed. Defendant is directed to 3 pay to plaintiffs a sum of Rs 10,40,312.00 with interest on the principal amount of Rs, 4,50,000/- @ 15% per annum from the date of filing of the suit till realization. 5. Counsel for plaintiffs submits that some amount belonging to defendant is lying with the Prothonotary & Senior Master. Plaintiffs are at liberty to take such steps to recover claim of the plaintiffs from the amount deposited by defendant in this Court. 6. Suit is disposed of. (V.M. KANADE, J.)