1 ss3165-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa SUMMARY SUIT NO. 3165 OF 2009 Bharat B. Jain .. Plaintiff V/s. Hasmukh M. Barot & Anr. .. Defendants .... Mr. Ramesh Jain for the plaintiff. None for the defendants. .... CORAM : A. S. OKA, J. DATE : JANUARY 13, 2011. P.C. The suit is shown under the caption “For Ex-parte Decree”. Office noting shows that writ of summons has been duly served and the defendants have not entered appearance. The suit is based on Bill of Exchange drawn by the first defendant for valuable consideration of Rs. 60,000/- which was accepted by the second defendant. The Bill of Exchange has been dishonoured for non payment. The original Bill of Exchange and an office copy of the demand notice have been placed on record. 2. In view of Sub Rule 3 of Rule 2 of Order XXXVII of the Code 2 ss3165-09 of Civil Procedure, 1908, the plaintiff is entitled to a decree with modification that further interest will be payable on principal amount at the rate of 10% par annum. 3. The suit is, accordingly, decreed as prayed with modification that further interest will be paid at the rate of 10% per annum from the date of the decree on principal amount. 4. Plaintiff is entitled to refund of court fee as per Rules. JUDGE