1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.123 OF 2006 Sandeep 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. The plaintiff has filed the present suit for recovery of 2 Rs.1,22,500/- with interest @ 18% p.a. from the date of the filing of the suit till the realization on Rs.1,22,500/- and for costs. 2. By an order dated 22-10-2008, passed in Summons for Judgment, the defendants were ordered to deposit a sum of Rs.1,00,000/- to enable them to defend the suit. The defendants have not deposited the said sum. The suit is taken up for ex-parte against the defendants. The compilation of documents is filed. 3. The present suit has been filed on the basis of two Khata Pete receipts dated 14-01-2002 and 09-07-2002, for Rs.50,000/- each. The rate of interest mentioned in these two documents is 1.5% per month i.e. 18% per annum. On account of non-compliance of order of deposit, the plaintiff is entitled to a decree. The plaintiff has claimed Rs.1,00,000/- by way of principal amount and Rs.22,450/- by way of interest on the receipts for the period commencing from April 2004 to January 2005. The plaintiff would be entitled to have a decree to the tune of Rs.1,22,450/-. The plaintiff would also be entitled to interest on the sum of Rs.1,00,000/- from the date of filing of the suit till its realization at the rate of 6% p.a. in view of Section 34 of Code of Civil Procedure. The plaintiff would also 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.1,22,450/-. 3 2. The defendants do pay to the plaintiff interest @ 6% p.a. on Rs.1,00,000/- from the date of the suit till realization. 3. The defendants do pay to the plaintiff costs of this suit. ( R.Y.GANOO, J. )