1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3215 OF 2005 Dharmesh Madhukar Momaya of Mumbai, Inhabitant, Residing at Rachana Phase I, B-106, B.J.Marg, Bhandup (East), Mumbai – 400 042. ..... Plaintiff V/s. 1) M/s.Lovely Wear, a Partnership Firm carrying on business at 102, Amir Industrial Estate, Sunil Mill Compound, Lower Parel, Mumbai – 400 013. 2) Rasikbhai Khimji Sangoi, of Mumbai, Indian Inhabitant, Partner of the defendant No.1 abovenamed, residing at B-4, Kamla Nagar, M.G.Road, Kandivali (W), Mumbai. 3) Arvind Khimji Sangoi, of Mumbai, Indian Inhabitant, Partner of the defendant No.1 abovenamed, residing at D-509, Kamna Nagar, M.G.Road, Kandivali (W), Mumbai. .... Defendants Mr.V.L.Shah, for the plaintiffs. Mr.C.P.Mishra i/by Q.M.Ashfaq, for the defendants. CORAM: R.Y.GANOO , J. DATED: 06 th FEBRUARY, 2009. ORAL JUDGMENT : 1. By an order dated 24-11-2008, defendants were permitted 2 to defend the suit on their depositing a sum of Rs.50,000/- before 07-01- 2009. The defendants have failed to comply with this order and have naturally not filed written statement. Hence, the suit is taken up for ex- parte decree. The compilation of original documents has been filed. The present suit on the strength of a document in the nature of Khata Pete received on 09-07-2002 in the sum of Rs.50,000/-. 2. The plaintiff has filed this suit for recovery of principal amount of Rs.50,000/- and interest @ 18% p.a. from 01-04-2004 to 30-06- 2005, amounting to Rs.11,250. I have heard the learned counsel for the plaintiff. 3. On account of non-compliance of the order of deposit, the plaintiff is entitled to decree for Rs.61,250/-. So far as the interest upto the date of the filing of the suit is concerned, the suit document has mentioned interest @ 1.5% per month i.e. 18% per annum. To that extent, the plaintiff's claim is required to be granted. The plaintiff can be granted interest @ 6% p.a. from the date of the filing of the suit till realization, in view of the provisions of Section 34 of Code of Civil Procedure. The plaintiff of course, would be entitled to receive costs of the suit. Hence, I pass the following decree. : D E C R E E : 1. The defendants do pay to the plaintiff Rs.61,250/-. 3 2. The defendants do pay to the plaintiff interest @ 6% p.a. from 01-07-2005 till realization. 3. The defendants do pay to the plaintiff costs of this suit. ( R.Y.GANOO, J. )