1 SS2697.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2697 OF 2008 WITH NOTICE OF MOTION NO. 2476 OF 2010 Ramrekha Shukla, Mumbai. ... Plaintiff. V/s. Radha Krishnan, Thane. ... Defendant. Mr. Rakesh Kumar for the Plaintiff. None for the Defendant. CORAM : R.Y. GANOO, J. DATED : 04th OCTOBER 2010. P.C. :- The present Suit is filed for recovery of monies as set out in the plaint on the strength of goods sold and delivered by the Plaintiff to the Defendant. After filing of the vakalatnama by the Advocate for the Defendant, Summons for Judgment No.218 of 2009 was taken out. Said Summons for Judgment was decided by order dated 8th January 2010 and the Defendant was directed to deposit a sum of Rs.1,50,000/- on or before 15th February 2010. The Defendant was directed to deposit balance sum of Rs.2,62,589/- on or before 30th March 2010. The Defendant deposited Rs.1,50,000/- on or before 15th February 2010. He did not deposit the balance sum as per the order dated 8th January 2010. The Plaintiff has 2 SS2697.08.sxw produced non-deposit certificate dated 16th July 2010 in support of the stand that order dated 8th January 2010 is not complied with. 2. Certified copy of the invoices and other documents are tendered in the Court. The originals are in the Court of the learned Metropolitan Magistrate in connection with a Criminal Case filed by the Plaintiff against the Defendant under Section 138 of the Negotiable Instruments Act. 3. Learned Counsel for the Plaintiff submitted that since the Defendant has not complied with the order dated 8th January 2010 as regards deposit of monies, the Plaintiff is entitled to a decree in accordance with the provisions of Order XXXVII Rule 3(6)(b) of C.P.C. 4. Learned Counsel for the Plaintiff submitted that the rate of interest mentioned on the invoice is 2% above the normal rate by the Bank. There is no material to come to the conclusion as regards the rate of interest at the rate of 18% per annum. The Plaintiff would be able to get a decree as prayed for and so far as principal amount is concerned, 12% per annum from the rate of the filing of the Suit till realization. 5. In view of the above, I pass the following decree :- (i) The Defendant do pay to the Plaintiff Rs.4,01,791/-. 3 SS2697.08.sxw (ii) The Defendant do pay to the Plaintiff interest at the rate of 12% per annum from the date of the filing of the Suit till realization on Rs.262589/-. (iii) The Defendant do pay to the Plaintiff costs of this Suit. 6. Notice of Motion No. 2476 of 2010 taken out by the Plaintiff stands disposed of with no order with no orders as to costs in view of decree in the Suit. (R.Y. GANOO, J.)