1 ss-3028-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 3028 OF 2009. Jitendra Budhalal Shah. ..Plaintiff. vs. Unidyne Energy Environment Systems Pvt. Ltd. & Ors. ..Defendants. .... Ms. Sunanda Kumbhat, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 8TH MARCH 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendants have not entered their appearances in spite of service of writ of summons. The Affidavit proving service dated 29th March 2010 is placed on record. The certified copies of 3 bounced cheques all dated 27th April 2007 along with the letters of confirmation dated 31st March 2006 and 30th June 2006 are placed on record. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. 3. Hence, I pass the following order : (i) The Defendants are ordered and decreed to 2 ss-3028-09 jointly and severally pay to the Plaintiff a sum of Rs.3,90,000/- and interest @ 12% per annum on the amount of Rs.3,00,000/- from the date of filing of the Suit till payment or realisation. (ii) The Defendants shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]