1 ss3756-02.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summary Suit No. 3756 of 2002 Chandrakant Parshuram Baddi .. Plaintiff v/s. Anand Parshuram Baddi ..Defendant Mr.Tanvir Shaikh for the Plaintiff. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 29th November , 2010 P.C. : 1. Heard learned Counsel for the plaintiff. This suit was filed on the basis of promissory note dated 23.11.2009. The plaintiff had taken out Summons for Judgment No.163 of 2003. In the said summons for judgment, by order dated 8.9.2004 defendant was directed to deposit in this Court the sum of Rs.1,50,000/- within 8 weeks from 8.9.2004. The defendant has not deposited the said amount. Non deposit certificate is filed by the plaintiff. Original documents are also tendered. 2. Heard learned Counsel for the plaintiff. For non compliance of the 2 ss3756-02.sxw order of deposit, the plaintiff is entitled to decree in accordance with the provisions of Order 37 Rule (3)(6)(b). Plaintiff has sought interest at the rate of 18% per annum. In view of this, plaintiff is entitled to decree as prayed for. Hence following decree is passed. DECREE i) Defendant do pay to plaintiff Rs.61,600/-. ii) Defendant do pay to plaintiff interest at the rate of 16% per annum on Rs.2,40,000/- from the date of filing of the suit till realization. Iii) Defendant do pay to plaintiff costs of this suit. iv) Refund of Court fees granted as per rules. [R.Y.GANOO, J.]