42. SS 1051-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY . . . . O O C J . 1051 2010 SUMMARY SUIT NO OF Bhaskar Abaji Ghone .. Plaintiff Vs Prakash Dattatray Satam .. Defendant . . Mr Pravin G Sawant for the Plaintiff . . . Mr R M Haridas for the Defendant . , Mr Prakash Dattatray Satam Defendant in Person present : CORAM . . , . A S OKA J : 31 , 2011. DATE st JANUARY . .: P C 1. Heard the learned counsel for the plaintiff and learned counsel . for the defendant 2. 2 By order dated nd 2010 , August passed by this Court conditional leave was granted to the defendant to defend the . 95000/- . suit subject to deposit of a sum of Rs in this Court The condition of deposit has not been complied with by the . . defendant There is no prayer made for extension of time The learned counsel for the defendant on instructions states that . the defendant is unable to pay the amount 1 42. SS 1051-10.doc 3. , ( ) Hence the plaintiff is entitled to a decree in view of clause a - 6 3 , 1908. of sub Rule of Rule of the Code of Civil Procedure The Plaintiff has tendered original documents along with the . ‘ ’ affidavit List of documents is marked X for identification and ‘ ’ . the affidavit is marked Y for identification 4. , Though a case is made out for passing a decree interest as 18% . . prayed at the rate of p a cannot be granted as a . , transaction is stated to be of a friendly loan Hence the 8% . .. interest rate deserves to be fixed at the rate of p a 5. , ( ) Hence the suit is decreed in terms of prayer clause a with modification that the interest payable on principal amount of . 95000/- 8% . . Rs will be at the rate of p a from the date of . decree till payment or realization of the amount 6. , , , The plaintiff will be entitled for refund if any of the Court fees . as per rules [ . . , ] A S OKA J 2 42. SS 1051-10.doc 3