: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1778 OF 2009 Bhupendra Bhavanji Solanki .. Plaintiff v/s. Paresh Harish Majethia .. Defendant ......... Mr. M.S. Lad for the plaintiff None for the defendant ......... CORAM : R.Y.GANOO, J. DATE : 5TH APRIL, 2010. P.C. : 1. The plaintiff has filed this suit for recovery of Rs. 6 lakhs being the principal amount and interest as set out in prayer clause (a). Original documents are tendered in the Court. 2. The plaintiff has approached this Court with a case that the cheque of Rs.6 lakhs as set out in Exh.”A” was delivered by the defendant to the plaintiff for valuable consideration and the said cheque came to be dishonoured by dishonour memo dated 1st December, 2008. 3. Till today, the principal amount covered by the cheque has not been paid. Hence, the claim of the plaintiff will have to be granted. : 2 : 4. So far as the interest is concerned, plaintiff has claimed interest @24% per annum from the date of filing of the suit till realization. No specific agreement was produced before the Court to say that the defendant had agreed to pay interest @24% per annum. Looking to the nature of transaction and the fact that the suit is instituted on the basis of a cheuqe, which got dishonoured, in view of the provisions of Section 80 of the Negotiable Instrument Act, plaintiff can be granted interest @18% per annum. Hence, following decree is passed. DECREE (i) Defendant do pay to plaintiff Rs.6 lakhs as and by way of principal amount. (ii)Defendant do pay to plaintiff interest @18% per annum on Rs.6 lakhs 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 is granted as per Rules. [R.Y.GANOO, J.]