1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.521 OF 2003 IN IN IN SUMM SUIT NO.3935 OF SUMM SUIT NO.3935 OF SUMM SUIT NO.3935 OF 2002 Shri Rajesh S.Verma Plaintiff versus Shri Vithaldas Parekh & ors .. Defendants ... Mr.V.P.Vaze for Plaintiff. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 22nd March 2005. DATED : 22nd March 2005. DATED : 22nd March 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the plaintiff. None present for the defendants. 2. Learned counsel for the plaintiff hands in the affidavit of service proving service on the defendants. The affidavit is taken on record and marked Exhibit A. Learned counsel also hands in the original documents along with a list. The documents are taken on record and marked Exhibit B. 2 3. I have perused the plaint and the original documents filed on record. The plaintiff advanced to the derendant no.1 a loan of Rs.1,50,000/. The defendant no. 1 drew a bill of exchange on the defendant nos. 2 and 3. The defendant no.3 in the capacity as a partner of defendant no.2 accepted the said bill of exchange. However, the defendants failed and neglected to make the payment on due date. The cheque for Rs.1,50,000/- issued by the defendant no. 1 was returned unpaid. The plaintiff has filed on record the original bill of exchange issued by the defendant no.1 and the dishonour memo. The plaintiff issued notice of demand. The copy of the notice and acknowledgment are filed on record. 4. In the absence of any application for leave to defend the suit or to file the affidavit in reply the averments made in the plaint are deemed to be accepted. The plaintiff is also entitled to a decree under order 37 Rule 3 (6) of the Code of Civil Procedure. Hence, Summons for Judgment is made absolute and suit of the plaintiff is decreed as follows : " The defendants shall pay to the plaintiff a 3 sum of Rs.2,65,675/- together with interest on the principal sum of Rs.1,50,000/- @ 18 % from the date of the suit and all costs of the suit. " D.G.KARNIK, J