1 ss2636 SSP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2636 OF 2009 Naresh Khanchandani Prop.of M/s.Fateh Industries ...Plaintiff vs. Kishor Hemandas Nathani ...Defendant Ms A.S.Malvankar for the plaintiff none for the defendant CORAM :A.S.OKA,J. DATE : JANUARY 12, 2011 P.C.: 1 The suit is shown under the caption `For Exparte Decree . Office noting shows that the affidavit of service of writ of summons has been filed and the defendant has not entered appearance within the stipulated time. The suit is based on bill of exchange dated 24th December 2007 as well as dishonoured cheque in the sum of Rs.4,50,000/-. The plaintiff has placed on record a compilation of documents containing original bill of exchange drawn by the defendant. Original documents such as bill of exchange, dishonoured cheque in the sum of Rs.4,50,000/- along with memorandum of dishonour as well as a copy of demand notice are placed on record. 2 In view of sub rule 3 of rule 2 of Order XXXVII of the Code of Civil Procedure,1908, the plaintiff is 2 ss2636 entitled to the decree. Interest is prayed at the rate of 18% p.a. Considering the facts of the case, interest deserves to be granted at the rate of 10% p.a. 3 Accordingly, the suit is decreed in terms of prayer clause (a) with modification that interest will be payable at the rate of 10% p.a on the principal amount from the date of filing of the suit till realisation. 4 The plaintiff will be entitled to refund of court fees as per the rules. JUDGE