- 1 - 10.sj.325.10 ss.2018.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 325 OF 2010 IN SUMMARY SUIT NO. 2018 OF 2010 TATA Capital Ltd. ..Plaintiff -Versus- Mr. Ghanshyambhai Laxmandas Shah Prop. of Kaila Traders ..Defendant .......... Mr.Virag Tulzapurkar, Senior Counsel, a/w. Mr.Cyrus Ardeshir i/b Wadia Ghandy & Co. for the Plaintiff. Mr. Rajesh Shah a/w. Mr.Sudhakar G. Lakhani for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 14TH DECEMBER 2011. P.C. 1 The suit is based on three bill of exchange admittedly drawn by the defendant and accepted by one Biotor Industries Limited. The notice of dishonour, presentment and protest was waived by all the parties. 2 The alleged understanding between the defendant and the acceptor is irrelevant as the plaintiff is not concerned with the same. The plaintiff admittedly was not a party to the said understanding. Nor did it agree to the same. - 2 - 10.sj.325.10 ss.2018.10 3 The defendant, being a drawer, is also independently liable. The fact that the acceptor has raised disputes regarding its liability as an acceptor does not absolve the defendant from liability under the bills of exchange. 4 There is therefore no defence to the suit. A compilation of documents is tendered by the plaintiffs in Court, taken on record and marked “A” collectively. 5 The suit is, therefore, decreed as prayed. However, interest after the date of the suit shall be at 12% per annum. Costs to be quantified as per Rules. Refund, if any, as per Rules. -