sanjay 1 s-3212.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3212 OF 2010 Bell Finvest (India) Ltd. ... Plaintiff. V/s. 1. R-TEC Systems (I) Pvt.Ltd. 2. Rajni Castelino. ... Defendants. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit has been instituted under order 37 of Code of Civil Procedure, 1908. 2. The Plaintiff which is a non-banking finance company had granted a business loan in the amount of Rs. 66,000/- on 12 April 2010 to the Defendants. The Second Defendant was a guarantor in respect of this loan. Four promissory notes were executed by the First Defendant. sanjay 2 s-3212.10 Four post-dated cheques were issued which were returned by the bank upon presentation. 3. The Defendants have been served with a writ of summons, but have failed to enter appearance. The suit has been listed for ex parte decree. The Plaintiff would be entitled to judgment in terms of provisions of order 37 rule 6(a) of C.P.C. The Plaintiff has relied upon a compilation of original documents on the basis of which the claim is duly proved. The claim falls within the purview of order 37 & is within limitation. 4. The suit is accordingly decreed in terms of prayer clauses (i) and (ii) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be refund of court fees, if any, as per rules. (D.Y.Chandrachud, J.)