1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 947 OF 1999 Dena Bank ...... Plaintiff. V/s Divya Dilip Nathwani & Ors. ....... Defendants --- Mr. A.H. Shukla, i/b M/s Shukla & Shukla, for the Plaintiff. Mr. Pramod A. Redij, Chief Manager of the Plaintiff present. None for the Defendants. --- CORAM: V.M. KANADE, J. DATE : 11 th JANUARY, 2009 . P.C.: 1. Heard the learned counsel appearing on behalf of the plaintiff. None appears for the defendants though they were served. The learned counsel appearing on behalf of the plaintiff has also filed the affidavit of service, as also affidavit of evidence. Same is taken on record and marked ‘A’. The plaintiff has also filed the original documents. Same are also taken on record and marked ‘B’ collectively. 2. The Plaintiff is banking companies. Defendant No.1 is carrying on business as sole proprietary and Defendant Nos.2 and 3 2 are the guarantors in their individual capacity. Defendant No.1 was granted credit facility in a sum of Rs.6,50,000/- and Defendant Nos.2 and 3 have executed certain documents in favour of the Plaintiff to secure the repayment of the said credit facilities. A Demand Promissory Note dated 27.3.1997 for Rs.4,50,000/- was executed by Defendant Nos.1 to 3. A letter of Continuity dated 27.3.1997 for Rs. 4,50,000/- was also executed. An Agreement of Hypothecation of the goods dated 27.3.1997 has also been executed by the Defendants in favour of the Plaintiff. The Demand Promissory Note dated 27.3.1997 for Rs.2,00,000/- was also executed in favour of the Plaintiff by Defendant No.1. A letter of Continuity dated 27.3.1997 for the said amount has also been executed by Defendant No.1. Defendant Nos.2 and 3 have executed a letter of guarantee dated 27.3.1997 and 1.11.1994. 3. According to the Plaintiff interest amounting to Rs. 5,21,093/- and Rs.1,97,690/- was due and payable to the Plaintiff- Bank. Inspire of repeated request, the Defendants failed to pay the said amount and therefore the Plaintiff called upon the Defendants to pay the said amount. According to Plaintiff, upon Defendants showing their inability to pay the said amount, the Plaintiff filed the present suit. 3 4. Perused the documents executed by the Defendants in favour of the Plaintiff. The Plaintiff is entitled for decree as prayed. Further, the averments made in the plaint are also not controverted by the Defendants. Under these circumstances, the suit is decreed as prayed and the Defendants are directed to pay to the Plaintiff a sum of Rs.6,52,251/-, particulars of claim is given in Exh.’N’ to the Plaint, together with interest @ 15% per annum with quarterly rest from the date of filing of the suit till payment and realisation. 5. The suit is also decreed in terms of prayer clauses (a), (b), (c) and (d). However, the interest component payable by the Defendants as mentioned in prayer clauses (a) and (b) are modified to the extent @15% per annum. The suit is accordingly decreed. The refund of court fees as per rules. Certified copy of this order is expedited. (V.M. KANADE, J.)