AJAY G GOENKA Vs. ALFRED MICHEAL ARAMBHAN

JUDGEMENT

(1.) Heard. The Plaintiff filed the suit in the Commercial Division under Order XXXVII of the Code of Civil Procedure 1908 ("CPC") for recovery of an amount of Rs. 3,47,12,222.00/- and interest at 15% per annum with quarterly rests. This claim is based on three loan confirmations said to have been signed by the Defendant. Interest is computed from 12th April 2018. Mr. Bharucha for the Plaintiff readily accepts that the question of interest may be left to the discretion of the Court.

(2.) The cause action of the suit is founded only on the loan confirmations. This is clear from the averments in paragraph 19 of the Plaint.

(3.) The Writ of Summons having been served, the Defendant entered appearance. The Plaintiff filed this Summons for Judgment. The Defendant then filed an Affidavit in Reply. With the assistance of Mr. Bharucha for the Plaintiff and Mr. Patil for the Defendant, I have considered the material on record.