1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3479 OF 2007 Namrata Dayal Ghadigaonkar ..... Plaintiff. v/s Kalawati Manoj Rajput ...... Defendant. ------ Mr. Ramesh Jain for the plaintiff. CORAM: V.M. KANADE, J. DATE : 12th SEPTEMBER, 2008 P.C.: 1. Heard the learned Counsel for the plaintiff. 2. Plaintiff has filed a suit for recovery of an amount of Rs 70,864.52 ps. 3. Defendant was served with the writ of summons along with the true copy of the plaint. No appearance has been filed by the defendant. Plaintiff has filed an affidavit of service. The affidavit of service is taken on record and marked as Exhibit-A . Plaintiff has also filed a list of original documents along with the original documents. The said list alongwith the documents is taken on record and marked as Exhibit-B collectively. 4. Plaintiff is, therefore, entitled to a judgment and decree in view of the provisions of Order XXXVII Rule 3(6)(a) of the Code of Civil Procedure, 1908. 2 5. Accordingly, suit of the plaintiff is decreed and the defendant is directed to pay to the plaintiff an amount of Rs 70,864.52 ps and further interest on the principal amount of Rs 45,000/- @ 12% per annum from the date of filing of the suit till payment or realization. 6. Suit is decreed and disposed of in the aforesaid terms. Refund of the court fees be paid in accordance with the rules. (V.M. KANADE, J.) 3