IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1358 OF 2008 Canara Bank .. Plaintiff Versus M/s.The Sixth Elements .. Defendants Mr.Prasad Das i/by Goyanka Law Associates for the plaintiff. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 03rd December 2008. : 03rd December 2008. : 03rd December 2008. P.C.: . The learned counsel appearing for the plaintiff states that summons under sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendant and the affidavit of service has been filed. A compilation of original documents has been tendered on record. The learned counsel appearing for the plaintiff states that defenadnt has not entered appearance notwithstanding the service of writ of summons. 2. I have perused the averments made in the plaint and the documents placed on record. In view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiff is entitled to a decree 2 as prayed for. Considering the facts and circumstances of the case further interests will have to be fixed at the rate of 10% per annum on the principal amount. 3. Hence, I pass the following order: (i) The suit is decreed in terms of prayer clauses (a) and (b) with modification that further interest payable on the principal amount will be at the rate of 10% per annum. (ii) The plaintiff wil be entitled to refund of Court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)