G.S. Sistani, J. (Oral)

1. Plaintiffs have filed the present suit for recovery of Rs.9,93,27,786.68/- against the defendant.

2. In the order dated 10.10.2013 Joint Registrar has noticed that affidavit of service has been filed, postal cover sent to the defendants have been received back undelivered either with the refusal report or unclaimed. The defendant was served through publication in the daily Newspaper ‘Lok Satta’, Mumbai Edition dated 2.5.2013. The defendant was proceeded ex parte on 18.11.2013. Plaintiff was directed to file ex parte evidence. Plaintiff has filed the evidence of Sh.Pranesh Gupta (plaintiff No.1 / PW-1).

3. PW-1 has deposed that he is one of the partners of plaintiff No. 2. The true copies of Forms ‘A’ & ‘B’ issued by the Registrar of Firms in respect of the plaintiff No.2 firm are exhibited as EX PW1/1 and Ex.PW1/2, respectively.

4. PW-1 has deposed that the defendant had approached plaintiff No.1 for the grant of loans from time to time. Plaintiff No.1 on the aforesaid requests of the defendant granted loans to the defendant through cheques/RTGS for a total sum of Rs.4,83,75,000/- (Rupees four crores eighty three lacs seventy five thousand only