1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO 170 OF 1997 Vijaya Bank .. Plaintiffs Vs M/s. Bombay Docking Co Pvt Ltd .. Defendants Mr. Sanjeev Kanchan for the Plaintiffs None for the Defendants CORAM : DR. D.Y. CHANDRACHUD, J DATE : 22nd APRIL, 2009. P.C.: 1. The suit has been instituted for recovery of an amount of Rs. 61,177.08 under an overdraft facility extended by the Plaintiffs to the Defendants together with further interest from the date of institution of the suit. 2. The Defendant opened a current account with the Plaintiff on 28th July, 1990. An overdraft facility of Rs. 14,800/- was granted by the Plaintiff to the Defendant on 27th March, 1991, as against, a cheque in the amount of Rs. 15,000/- issued by them Rma S488896220409.sxw 2 in favour of a third party. The Defendant acknowledged liability on 31st March, 1991 in the total sum of Rs. 25,892/-. Towards repayment of the liability, the Defendant deposited an amount of Rs. 20,000/- by cheque on 21st March, 1995. The cheque was dishonored on presentation. A notice of demand was addressed to the Defendant on 20th November, 1996. The suit was instituted on 27th December 1996 for recovery of the the outstanding dues. 3. The Defendant has served with the writ of summons. The Defendant has neither entered appearance nor has it filed a written statement. 4. The Plaintiff has relied on the affidavit in lieu of the examination-in-chief of its Chief Manager at the Fort Branch. The Plaintiff' s witness has deposed to all the material aspects of the transaction. A compilation of the original documents has also Rma S488896220409.sxw 3 been tendered and taken on record. The statement of accounts duly certified under the Bankers Books of Evidence Act, 1891 is also placed on record. 5. The claim of the Plaintiff has been duly established on the basis of evidence and the original documents. There is no contest by the Defendant. The suit shall accordingly decreed in the sum of Rs. 61,177/- on which the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of institution of the suit until payment or realization and to the costs of the suit. (DR. D.Y. CHANDRACHUD, J) Rma S488896220409.sxw 4 Rma S488896220409.sxw