1 23 ss.3343.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3343 OF 2009 Suresh Maruti Bankar. ... Plaintiff Versus Ramesh Namdeo Gagan. ... Defendant ----- Mr. Paras N. Vira for the Plaintiff. None for the Defendant. ----- CORAM : A.S.OKA, J. DATE : 14 th January, 2011. JUDGMENT: 1 The suit is shown under caption “for ex-parte decree”. The office noting shows that writ of summons has been duly served, but the Defendant has not entered appearance within the period stipulated by law. The suit is based on dishonour of cheques. The Plaintiff has tendered on record a compilation of the original documents. The Plaintiff is relying upon the cheques in the sum of Rs.2,00,000/- and Rs.50,000/-, issued by the Defendant which were dishonoured. The case of the Plaintiff made out in the suit is that the Plaintiff is entitled to further interest at the rate of 18% per annum. There is no agreement as regards 2 23 ss.3343.09 payment of interest. In the circumstances, interest deserves to be fixed at the rate of 6% per annum. 2 In view of sub-Rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a decree subject to aforesaid modification. 3 Hence, the suit stands decreed in terms of prayer clauses (a) to (c) with modification that interest will be payable at the rate of 6% per annum on the sum of Rs.2,50,000/- from the date of filing of the suit till realization. 4 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]