IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.97 OF 2008 Namrata Dayal Ghadigaonkar .. Plaintiff Vs. Kalawati Manoj Rajput .. Defendant Mr.Ramesh Jain for the plaintiff. None for the defendant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard learned counsel appearing for the plaintiff. Affidavit of service of writ of summons issued under sub-rule 2 of rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been filed. It is stated that the defendant has not entered appearance. 2. The plaintiff is a money lender. According to the plaintiff, on 01st February 2005 the defendant executed a demand promissory note in his favour for valuable consideration of Rs.45,000/- received by the defendant. The plaintiff has stated that the defendant agreed to repay the amount with interest at the rate of 21% per annum. As the amount was not repaid, a notice of demand was issued by the plaintiff through his advocate. There was no response to the said notice. 2 Hence, the present summary suit has been filed. The plaintiff has produced the demand promissory note, an office copy of the notice of demand and certificate of posting of the said notice. The plaintiff has also placed on record a true xerox copy of the money lending licence and an extract of account of the defendant. 3. Considering the original documents and averments made in the plaint, the plaintiff is entitled to decree. However, interest will have to be fixed at the rate of 12% per annum. 4. Hence, I pass the following order: (i) The suit is decreed as prayed for with modification that rate of interest will be 12% per annum instead of 21% per annum. (ii) The plaintiff is entitled to refund of court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)