AIR 2008 BOMBAY 188 ::2008 (5) AIR Bom R 89 ::2009 (1) AJHAR (NOC) 7 (BOM.) = AIR 2008 BOMBAY 188 ::2008 A I H C 3609 ::(2009) 1 BankCLR 689 ::(2008) 6 Bom CR 670 ::2008 (5) Mah LJ 720

Bombay High Court

Hon'ble Judge(s): V. C. Daga , J

(D) Bankers' Books Evidence Act, 1891 S. 7 — Civil P C (5 of 1908), O 12, R 2 — Documents — Cost for proving — Suit by bank for recovery of loan amount — Defendant denying execution of the documents in spite of having executed those documents — Defendant denying execution of documents though documents were proved by plaintiff’s witness and actions of defendant as well as his advocate — Under the circumstances, defendant is liable to pay costs quantified over and above cost to which plaintiff would be entitled as per schedule (Para 38,39)

(A) Bankers' Books Evidence Act, 1891 S. 2 (3)— Proof of bank documents — Recovery of dues — Defendant borro-wer’s advocate admitting extracts of accounts certified under Bankers Books Evidence Act — Documents also independently proved by plaintiff’s witness — Also during course of cross-examination, defendant referred to documents and signatures of defendants therein — Once document is admitted, contents therein cannot be disputed by defendant — Resultantly documents such as loan agreement, acknowledgment of debt can be taken as proved Evidence Act (1 of 1872), S 61 AIR 1972 SC 608, AIR 1994 SC 1644, AIR 1971 SC 2551, Rel on (Para 25,27,29)

(B) Bankers' Books Evidence Act, 1891 S. 6 — Document — Proof — Stage of deciding — Defendant, by not objecting postponement of stage of proving documents earlier, cannot turn around and raise objection about stage of deciding question of proof at late stage of suit — He is bound by doctrine of waiver and acquiescence Evidence Act (1 of 1872), S 61 AIR 2001 SC 1158, Rel on (Para 28)

(C) Recovery of Debts Due To Banks and Financial Institutions Act ( 51of 1993) S. 29 — Recovery of dues — Principal sum — What is — For banking transactions, total outstanding debt inclusive of interest charged from time to time will constitute the principal sum Civil P C (5 of 1908), S 34 2001 AIR SCW 4468, 1994 AIR SCW 2721, Foll (Para 30,31)