1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.105 OF 2009 IN SUMMARY SUIT NO.351 OF 2008 Nayan G. Bhatt. ..Plaintiff. Vs. Jai Hanuman Co.op.Soc. Ltd. ..Defendant. Mr.S.P. Shetye for the plaintiff. None for the Defendants. CORAM : R.S. MOHITE, J. DATE : 12TH JUNE, 2009 PC : 1. Heard Advocate for the plaintiff. 2. The suit of the plaintiff is for recovery of amount of Rs.88,928/- of which an amount of Rs.78,365/- is according to the plaintiff is due and payable to the plaintiff as on 22.1.2009. Further, an amount of Rs. 10,563/- is claimed as interest at the rate of 24 per cent per annum from 1.7.2008 till filing of the suit. The plaintiff has produced a bill dated 26.6.2008 for the work done. The said bill is amounting to Rs. 2 2,24,743/-.On receipt of the bill, defendant by his letter dated 13.10.2008 has made payment of Rs. 1,16,587/- by a cheque dated 14.10.2008. According to the plaintiff balance principal amount of Rs.78,365/- remained unpaid and therefore, the present suit has been filed. 3. After service, the defendant has put his appearance but no reply has been filed. In the circumstances, since there is no prayer for leave to defend, the plaintiff is entitled for decree. Summons for Judgment is therefore, allowed and the suit is decreed with costs in terms of prayer clause (a). ( R.S.MOHITE, J. )