1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1439 OF 2007 Ambalal Gulabchand Jain ..Plaintiff. Vs. Rajeev M. Soni and another ..Defendants. .... Mr. Ramesh Jain for the Plaintiff. None for the Defendants. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st February, 2008. P.C. : The Summary Suit is based on a demand bill of exchange drawn by the First Defendant and accepted by the Second Defendant for consideration received. The bill of exchange was in the amount of Rs.14.30 lacs. It has been averred in paragraph 3 that the bill was dishonoured on presentation. Part payments amounting to Rs.30,000/- were made between 20th June, 2001 and 15th November, 2005, in token whereof endorsements have been made on the reverse of the original bill of exchange. Despite advocate's notice, the monies due have not been paid. 2 Accordingly the suit has been instituted under Order 37 of the Code of Civil Procedure, 1908. The Defendants have been served with the writ of summons and the suit has accordingly been listed for an ex parte decree. The Plaintiff has relied upon a compilation of the original documents. The Defendants have failed to enter appearance despite service of the writ of summons. The Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The claim has been duly established on the basis of the material on the record. The claim is within limitation and falls within the purview of Order 37. The suit shall accordingly stand decreed in the amount of Rs.14 lacs upon which the Plaintiffs are granted interest at the rate of 9% per annum from 3rd April, 2000 until the date of the suit and at the same rate until payment or realization. There shall be a refund of Court fees, if any, as per the rules.