- 1 - 7.ss.1972.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1972 OF 2011 Usha Gordhandas Garodia ..Plaintiff -Versus- Ashish Vijay Garodia ..Defendant .......... Mr. Kishor Tembe i/b Amol K. Tembe for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 14TH DECEMBER 2011. P.C. 1 The suit is filed to recover the amounts lent and advanced by the plaintiff to the defendant who is his nephew. The relevant bank entries have been annexed to the plaint. Further, the defendant by a letter dated 1st July 2009, confirmed the receipt of payment and the balance due by the defendant to the plaintiff. The defendant also issued a certificate dated 27th October 2009, confirming the payment of the amount by the plaintiff. There was no reply to the plaintiff’s advocate’ demand notice dated 17th March 2011. - 2 - 7.ss.1972.11 2 The defendant has not filed an appearance. The defendant is absent. It is fairly pointed out that the person who has acknowledged the receipt is not the defendant. The defendant however has been served at the address mentioned in the title and the defendant’s letterhead. The proceedings have been received at the correct address. 2 The defendant has not filed a reply. A compilation of documents tendered by the plaintiffs in Court, is taken on record and marked “A” collectively. There is nothing on record that militates against the plaintiff’s claim. There is no reason not to accept the averments and submissions in the plaint. 3 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. -