-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2737 OF 2008 Dinesh S. Parmar. ..Plaintiff. Versus Narayan Chandev Thote & Anr. ..Defendants. Mr. Ramesh Jain for the plaintiff. Coram : R. V. MORE, J. Date : February 10, 2010. P. C. : 1. The above suit is filed under the provisions of Order-XXXVII, Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.2.50 lac alongwith further interest @18% p.a. on principal sum of Rs. 2.50 lac from the date of suit till realisation from the defendants. The writ of summons alongwith true copy of the plaint was served upon the defendants. Service affidavit to that effect is also filed. Inspite of service none of the defendants has filed appearance. Therefore, I heard learned counsel for the plaintiff. 2. The suit is based on demand promissory note dated 21st July 2005 executed by the defendants in favour of the plaintiff. Under the said promissory note the defendants promised to pay to the plaintiff sum of Rs. 2.50 lacs. The defendants inspite of demand by the plaintiff failed to pay the said amount. Therefore, notice was issued by the plaintiff to the defendants on 12th July 2008. This notice was not even replied by the -: 2 :- defendants. Therefore, the plaintiff has filed the above suit. 3. The plaintiff has tendered compilation of original documents, namely, promissory note dated 21st July 2005 and copy of the notice dated 12th July 2008. I have perused the same. Said documents support the plaintiff's averments in plaint. In that view of the matter and in the light of provisions of Order-XXXVII, Rule-2(3) of the Code of Civil Procedure, 1908, the defendants are deemed to have admitted the plaintiff's averments made in plaint. Suit is therefore decreed as prayed for. Decree be drawn up accordingly. Refund of Court fees as per rules. (R.V. MORE, J.) apperance