1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2115 OF 2006 IN SUIT NO. 1577 OF 2005 Ram Mahadev Sakpal & anr. ...Plaintiffs versus Baban D. Harchilkar .....Defendant Shri S.B. Shetty i/b A. K. Menon for the Plaintiff. None for the defendant. CORAM: A.P. DESHPANDE, J. DATED: 28TH APRIL, 2008. P.C.: 1. Heard the counsel for the Plaintiff. Counsel for the Defendant absent. No reply has been filed by the Defendant opposing the instant Notice of Motion. Both the Plaintiff nos.1 and 2 claims to have advanced a loan to the Defendant on 12-2- 2004 in the sum of Rs.1,54,416 by each of the Plaintiff. With a view to substantiate the claim for the refund of the loan amount, bank statements are filed on record indicating payment of the said amount by the Plaintiff to the Defendant. According to the learned counsel for the Plaintiff, the defendant is to retire from service in the year 2010 itself and hence a prayer is made which is pressed in service that the defendant be directed to furnish security to cover the balance amount. The learned counsel has submitted that the 2 suit is filed for recovery of amount of Rs.3,08,000/- together with interest thereon. It is further categorically stated that out of the sum of Rs.3,08,000/- the defendant has repaid the amount of Rs.2,18,106/- and thus the balance principle amount is less than one lac. In this view of the matter and more so in the absence of any opposition from the defendant to this Notice of Motion, I direct the Defendant to furnish security to the extent of Rs. one lac to the satisfaction of the Prothonotary within a period of four weeks from today. Notice of Motion is disposed of. Other prayers in the Notice of Motion are not pressed. (A.P. DESHPANDE J.)