IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2047 OF 2008 Vipul D. Minawala ...Plaintiff Vs. K. Ramesh Rao. ...Defendant --- Shri Pankaj B. Bafna for Plaintiff None for Defendant ---- CORAM: V.M. KANADE J. DATED 17TH AUGUST, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. None appears on behalf of the Defendant. 2. The Plaintiff has filed his affidavit of service. The Plaintiff has also filed his summary suit under order XXXVII of the Civil Procedure Code. Suit is based on dishonour of cheques which were issued by the Defendant to the Plaintiff. In spite of service of writ of summons, no appearance has been filed by the Defendant within 10 days from the date of service. 3. The Plaintiff is, therefore, entitled for judgment and decree in terms of prayer clause 12(a) 4. The Plaintiff, however, is entitled to get the interest at the rate of 15% instead of 18% as claimed by him in the prayer clause. Decree is passed in the aforesaid terms. 5. Suit is disposed of. Refund of Court fees be paid in accordance with rules. V.M. KANADE J.