1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2262 OF 2003 Manmohan J. Guwalewala .. Plaintiff versus Prakash Virchandbhai Patel @ Prakashkumar Virchandbhai Patel .. Defendant Mr.Ram Singh for the plaintiff. None for the defendant. CORAM : A.S.OKA, J. DATE : 18th November 2009. P.C: . The suit is shown under the caption “For ex-parte decree”. The summons under sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served. The defendant has not entered appearance within the time stipulated by law. The claim in the suit is based on a writing in the form of an affidavit dated 9th July 2002 under which the defendant agreed to pay a sum of Rs.6,00,000/- to the plaintiff. The original affidavit/ writing and an office copy of the notice of demand have been produced on record. According to the plaintiff there was no response by the defendant to the notice of demand. The plaintiff has also placed on record an affidavit for proving the claim in the suit. 2. In view of sub-rule 3 of Rule 2 of Order XXXVII of the said Code, the 2 plaintiff is entitled to a decree. There is no agreement as regards payment of interest. The document dated 9th July 2002 records that the amount of Rs. 6,00,000/- represents the amount misappropriated by the defendant. Hence, further interest will have to be fixed at the rate of 6% per annum. 3. Hence, I pass the following order: : O R D E R : (a) The suit stands decreed in terms of prayer clause (a) with modification that further interest will be payable at the rate of 6% per annum from the date of institution of the suit till realisation. (b) The plaintiff will be entitled to refund of court fees as per the rules. (A.S.OKA,J)