BANK OF INDIA Vs. LIBERTY TEXTILES

JUDGEMENT

(1.) The defendants had been granted certain facilities as pleaded in the plaint. Necessary documents for securing the repayment of the loan were executed by the defendants. On the defendants failing to repay the loan, Summons for Judgment has been taken out. An affidavit in support of the Summons for Judgment has been filed. No reply has been filed to the affidavit in support of the Summons for Judgment.

(2.) The counsel for the defendants, however, submits that there is a likelihood of settlement with the Bank. The counsel for the plaintiffs, however, submits that she has no instructions as to whether or not the matter is likely to be settled. She in fact submits that her instructions are categoric to the effect that she should go on with the matter. The counsel for the plaintiffs has placed on record the original documents as well as the photostat copies of Items No.1 to 6 of the listed documents. Except the aforesaid plea which has been made by the defendants, no plea for defence on merit has been submitted on behalf of the defendants.

(3.) In view of the above, Summons for Judgment is made absolute. There shall be a decree in terms of prayer clause (a) of the plaint. Prayer clause (a) reads as under :