IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 280 OF 2007 SUMMARY SUIT NO. 280 OF 2007 SUMMARY SUIT NO. 280 OF 2007 Danjibhai N. Babaria ...Plaintiff vs. Palkar Janardan Daji & Anr. ...Defendants Mr.Ramesh Jain for the Plaintiff. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : AUGUST 30, 2008 DATED : AUGUST 30, 2008 DATED : AUGUST 30, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the plaintiff. None appears on behalf of the defendants. The plaintiff has filed affidavit of service. Though the defendants were served, none appears on behalf of the defendants. Original documents are taken on record and they are marked Exhibit-A and B(colly.) respectively. The plaintiff has filed the suit for recovery of an amount of Rs.1,67,392.87 ps. and for a further interest on Rs.1,10,000/- at the rate of 18% p.a. In view of the provisions of Order XXXVII Rule 3(6)(a), since the defendants have not filed their appearance after the service of writ of summons within 10 days, the plaintiff is entitled for a judgment and decree. - 2 - 2. The suit, accordingly, is decreed in terms of prayer clause in para 11 of the plaint. Refund of Court fees is permitted as per Rules. 3. The suit, accordingly, is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)