1 53 sj.414.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 414 OF 2009 IN SUMMARY SUIT NO. 798 OF 2009 Tulsiram R. Rander HUF. ... Plaintiff Versus M/s. Rishabh Textiles and others. ... Defendants ----- Mr. Y.K.Sharma i/b Jhangiani Narula and Associates for the Plaintiff. None for the Defendant. ----- CORAM : A.S.OKA, J. DATE : 14 th January, 2011. JUDGMENT: 1 Heard the learned counsel appearing for the Plaintiff in support of the summons for judgment. Affidavit of service is filed on record showing the service of the summons for judgment on the Defendants. There is no reply filed. The suit is for recovery of a sum of Rs.1,14,054/-. The suit is based a receipt dated 6 th May, 2005. The original documents are placed on record including the receipt executed by the Defendant and the dishonoured cheque in the sum of Rs.1,00,000/- together with memorandum of the dishonour. 2 53 sj.414.09 2 In view of clause (a) of sub-Rule 6 of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a judgment with modification that the Plaintiff will be entitled to interest at the rate of 12% per annum from the date of filing of the suit. 3 Accordingly, summons for judgment is made absolute and the suit is decreed as prayed for in the suit with modification that interest will be payable at the rate of 12% per annum on the sum of Rs.75,000/- from the date of filing of the suit instead of 24% per annum as prayed. 4 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]