1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1258 OF 2008 Surendrasingh M. Gujra ...... Plaintiff. V/s Vasant Krishna Surve ....... Defendant. ----- Mr. Ramesh Jain for the plaintiff. CORAM: V.M. KANADE, J. DATE : 12th SEPTEMBER, 2008 P.C.: 1. Heard the learned Counsel for the plaintiff. 2. Plaintiff has filed this suit for recovery of an amount of Rs 57,996.98 ps. 3. Defendant was served with the writ of summons and a true copy of the plaint on 9/5/2008. Plaintiff has filed an affidavit of service dated 24th June, 2008. The said affidavit of service is taken on record and marked as Exhibit-A. Though a period of 10 days has expired on 19/5/2008, the defendant has not filed his appearance. Plaintiff has filed a list of documents alongwith the documents viz. Promissory Note dated 25/10/2006, plaintiff's advocate's letter dated 9/2/2007, Money Lender Licence, Forms under Bombay Money Lending Act and the Books of Accounts. The said list alongwith the documents is taken on record and marked as Exhibit-B Collectively. 2 4. In view of the provisions of Order XXXVII Rule 3(6) (a) of the Code of Civil Procedure, 1908 the plaintiff is entitled to judgment and decree. 5. Accordingly, suit is decreed and defendant is directed to pay to the plaintiff an amount of Rs 57,996.98 ps with further interest on the amount of Rs 45,000/- @ Rs 11% per annum from the date of filing of the suit till payment or realization. 6. Suit is accordingly disposed of in the aforesaid terms. Refund of court fees be paid in accordance with the rules. (V.M. KANADE, J.) 3