1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.956 OF 2005 Tejkumar Mathuraprasad Dikshit ..Plaintiff Vs. Ramesh Thakkar ..Defendant ----- Mr.Dharmesh Jain i/b. P.M. Shah for Plaintiff None for Defendant. ----- CORAM: V.M. KANADE J. DATED: 6TH OCTOBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. 2. None appears on behalf of the Defendant, though they have served. 3. The Plaintiff has filed affidavit of service dated 6th October, 2006. Inspite of service of the writ of summons, no appearance has been filed by the Defendant within 10 days from the date of service of the Writ of Summons in view of the provision under Order XXXVII Rule 2(3), the Plaintiff is entitled for a judgment and decree. The Plaintiff has filed affidavit in lieu of evidence. Suit of the Plaintiff is, accordingly, decreed and the Defendant is directed to pay to the 2 Plaintiff a sum of Rs.1,51,169/- with further interest at the rate of 12% p.a. on the principal amount of Rs. 1,29,213/- from the date of filing of the suit till the payment and/or realisation along with cost of the suit. 4. Suit is disposed of. 5. Refund of Court fees be paid in accordance with rules. (V.M. KANADE J.)