1 ss2529 SSP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2529 OF 2009 M/s.Indiacar Pvt.Ltd. ...Plaintiffs vs. Nimit Shah & Anr. ...Defendants Mr.L.S.Krishnamoorthy for the plaintiffs None for the defendants CORAM :A.S.OKA,J. DATE : JANUARY 12, 2011 P.C.: 1 The suit is shown under the caption `For Exparte Decree . Office noting shows that the writ of summons has been duly served and there is no appearance entered by the defendants. Summary suit is based on dishonoured cheque in the sum of Rs.1,86,757/-. It is pointed out that out of the amount payable under the cheque, a sum of Rs.1,00,000/- has been paid by the defendants. Original documents such as dishonoured cheque and demand notice is placed on record. 2 In view of sub rule 3 of rule 2 of Order XXXVII of the Code of Civil Procedure,1908 the plaintiffs are entitled to decree. The plaintiffs have prayed for interest at the rate of 18% p.a on the principal amount. Considering the facts of the case, interest deserves to be granted at the rate of 12% p.a. 2 ss2529 3 Hence, the suit is decreed in terms of prayer clauses (a) and (b) with modification that interest will be payable at the rate of 12% p.a on the principal amount from the date of the suit till realisation. 4 The plaintiffs will be entitled to refund of court fees as per the rules. JUDGE