1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2655 OF 2007 Champalal Saremal Jain ..... Plaintiff. V/s Sanjay Narayan Patil ...... Defendant. ------ Mr. Ramesh Jain for the plaintiff. CORAM: V.M. KANADE, J. DATE : 12th SEPTEMBER, 2008 P.C.: 1. Plaintiff has filed a summary suit for recovery of an amount of Rs 65,936.49 ps. In spite of the service of writ of summons, none appears on behalf of defendant. Vakalatnama has not been filed by the defendant within 10 days from the date of service. Plaintiff has filed an affidavit of service. The affidavit of service is taken on record and marked Exhibit-A. Plaintiff has also filed a list of original documents alongwith the original documents which is taken on record and marked as Exhibit-B collectively. 2. In view of the provisions of Order XXXVII Rule 3(6) (a) of the Code of Civil Procedure, 1908 plaintiff is entitled to judgment and decree. 3. Accordingly, suit is decreed and the defendant is directed to pay to the plaintiff an amount of Rs.65,936.49 ps. 2 with future interest on balance amount of Rs 47,000/- @ 12% from the date of filing of the suit till payment and or realization and costs of the suit. 4. Suit is accordingly disposed of. Refund of court fees be paid in accordance with the rules. (V.M. KANADE, J.)