1 22 ss.3323.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3323 OF 2009 Suman Gangaram Navale. ... Plaintiff. Versus Shobha Kishor Bele. ... Defendant ----- Mr. Sunil J. Kanoujia for the Plaintiff. None for the Defendant. ----- CORAM : A.S.OKA, J. DATE : 14 th January, 2011. JUDGMENT: 1 The suit is shown under caption “for ex-parte decree”. Office noting shows that writ of summons has been duly served and there is no appearance filed within the period stipulated by law. The suit is for recovery of the amount advanced by way of friendly loan. Agreement to repay the amount has been incorporated in the affidavit of the Defendant dated 6 th November, 2006. The original affidavit is placed on record. 2 In view of sub-Rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a judgment. However, 2 22 ss.3323.09 since the claim is for recovery of friendly loan, further interest will have to be granted at the rate of 6% per annum. 3 Accordingly, the suit is decreed in terms of prayer clause (a) with modification that interest will be payable on the sum of Rs.2,86,000/- from the date of filing of the suit till realization at the rate of 6% per annum. 4 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]