IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINA CIVIL JURISDICTION SUMMONS FOR JUDGMENTG NO. 345 OF 2008 IN SUMMARY SUIT NO.536 OF 2008 Rajaram Anant Sable ......Plaintiff V. Pravin Jayram Shetty .......Defendant Mr. Rahul Tiwari i/b K.R. Tiwari & Co. for the plaintiff CORAM : A.A. SAYED, J. DATE : 3RD JULY, 2009. P.C. 1 The above Summons for Judgment is taken out by the plaintiff to enter a judgment against the defendant for a sum of Rs. 89,250/- alongwith further interest on the principal amount of Rs. 83,000/- from the date of filing of the suit till payment or realization. 2 The claim is based upon an affidavit dated 4th February, 2005, signed by the defendant, wherein it has been acknowledged that the plaintiff has paid the defendant a sum of Rs. 1,00,000/- as a friendly loan and the said amount will be repaid within a period of 30 months. In the Defendant's Advocate's reply dated 15.12.2007 a sum of Rs. 17,000/- is stated to have been repaid by the defendant to the plaintiff leaving a balance of Rs. 83,000/-, which is the principal amount claimed in the suit. The learned Counsel for the plaintiff has stated that the plaintiff is ready and willing to forgo the interest upto the date of filing of the suit. His Statement is accepted. 3 The compilation of the documents of the plaintiff being the original affidavit, the copy of the plaintiff's Advocates notice and the defendant's Advocate's notice (three documents) are marked "X" (colly) for identification. Affidavit of service of Summons for Judgment has been filed. There is no affidavit-in reply opposing the Summons for Judgment and none appeared on behalf of the defendant. 4 In the circumstances, the suit is decreed in a sum of Rs. 83,000/- with interest at the rate of 12% p.a. on the sum said of Rs. 83,000/- from the date of filing of the suit till the payment and/or realization. 5 Summons for Judgment as well as suit to stand disposed of. A.A. SAYED J.