1 50 ss.2191.06 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2191 OF 2006 Vijaya Bank. ... Plaintiff Versus Kevin Trott s/o James Trott and anr. ... Defendants ----- Mr. S.R.Shetty for the Plaintiff. ----- CORAM : A.S.OKA, J. DATE : 01 st February, 2011. JUDGMENT: 1 The suit is shown under the caption for “ex-parte decree”. After service of writ of summons, the Defendants have not entered appearance within the time stipulated by law. The suit is based on Demand Promissory Note and Agreement of Guarantee. The original documents have been 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 will be entitled to a decree as 2 50 ss.2191.06 prayed. However, further simple interest will have to be granted at the rate of 14.50% per annum. 3 Hence, the suit is decreed in terms of prayer clause (a) with modification that further interest as a simple interest will be payable at the rate of 14.50% per annum. 4 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]