1 56 sj.182.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 182 OF 2009 IN SUMMARY SUIT NO. 398 OF 2009 Shanta Hazarimal Jain. ... Plaintiff Vs. Jayesh Mansukhalal Parekh and anr. ... Defendants ----- Mr. Ramesh Jain for the Plaintiff. None for the Defendants. ----- CORAM : A.S.OKA, J. DATE : 05 th January, 2011. JUDGMENT: 1 Heard the learned counsel appearing for the Plaintiff. 2 The leaned counsel appearing for the Plaintiff has tendered affidavit of service of summons for judgment and the affidavit in support. The affidavit is taken on record and marked ‘X’ for identification. The learned counsel appearing for the Plaintiff has also tendered the original documents namely Bill of Exchange dated 4 th October, 2005 and office copy of the notice dated 31 st October, 2008. He pointed out that repeatedly an opportunity was granted to the Defendants to file a reply to 2 56 sj.182.09 the summons for judgment, but the reply has not been filed. He therefore, submitted that the Plaintiff is entitled to judgment. 3 The suit is filed for recovery of an amount of Rs.2,11,813.14ps together with interest on the principal amount of Rs.1,35,000/- at the rate of 18% per annum. The suit is based on Bill of Exchange. According to the case of the Plaintiff, on 4 th October, 2004, the 1 st defendant for valuable consideration namely, Rs.1,50,000/- received from the Plaintiff drew a Bill of Exchange sum of Rs.1,50,000/- on demand. According to the case of the Plaintiff, on 4 th November, 2005, the Bill of Exchange was presented to the 2 nd defendant by demanding the amount. The Bill of Exchange was dishonoured by the 2 nd defendant. He stated that on 13 th February, 2007, a part payment of Rs.15,000/- was made by the Defendants. Reliance is placed on notice dated 31 st October, 2008 sent by the advocate for the Plaintiff to the Defendants. As stated earlier, the original Bill of Exchange is tendered on record. The order-sheet shows that on 19 th June, 2009, on the prayer made by the learned counsel appearing for the Defendants, time of four weeks was granted to file reply. On 30 th August, 2010, the suit was adjourned till 6 th September, 2010 for passing ex-parte decree. 4 In the circumstances, in view of clause (a) of sub-Rule (6) of Rule 3 of order XXXVII of the Civil Procedure Code, 1908, the Plaintiff is entitled to judgment. 3 56 sj.182.09 5 As far as the claim for interest is concerned, considering the facts of the case, the same deserves to be granted at the rate of 10% per annum. 6 Hence, I pass the following order: i. There will be a decree as prayed with modification that the interest on the sum of Rs.1,35,000/- shall be payable at the rate of 10% per annum from the date of filing of the suit till payment and/or realization thereof ; ii. The Plaintiff will be entitled to refund of Court-fees as per the rules. iii. The summons for judgment is made absolute in the above terms. [ A.S.OKA, J ]