1 sj359-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.359 OF 2010 IN SUMMARY SUIT NO.589 OF 2010 WITH SUMMARY SUIT NO.589 OF 2010 Rajesh Kumar Tarachand Jain ....Plaintiff V/s. Kamleshkumar M. Shah ....Defendant Mr.S.S. Jain for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 15TH DECEMBER, 2011. P.C. :- 1. The suit is filed to recover the amounts lent and advanced by the plaintiff to the defendant. The defendant in his balance-sheet as on 31.3.2006, filed with the Income Tax authority has acknowledged the amount of Rs.4,49,718.96 ps. as due and payable by him to the plaintiff. Subsequently the defendant made payment of sums of Rs. 1,00,000/-, Rs.61,000/- and Rs.1,00,000/- on 22.6.2006, 3.7.2006 and 21.12.2006 respectively by cheques. The defendant failed to repay the balance. 2 sj359-10 2. There is no reply to the plaintiff’s notice demanding payment dated 18.7.2008. The defendant has not filed an affidavit in reply. There is nothing on record that militates against the plaintiff’s claim in suit. Thus there is no defence to the suit. 3. In the circumstances, the summons for judgment is made absolute and the suit is decreed in the sum of Rs.2,61,000/- together with interest thereon at 12% p.a. from the date of the suit till payment. Costs to be quantified as per rules. Refund, if any, as per rules.