1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summary Suit No.104 of 2009 Divya Kohli D/o. Devkumar Kohli .. Plaintiff v/s. Gopal R. Naik ..Defendant Mr.I.J.Nankani i/b. Nankani & Associates for the Plaintiffs. Ms.Meena A. Ruparel for the Defendant CORAM : R.Y.GANOO, J. DATED : 23rd June , 2010 P.C. : 1. Learned Counsel for the defendant admits that defendant has not complied with order dated 15.4.2010 as regards deposit of monies. 2. Today, learned Counsel appearing for the defendant, at the request of the defendant made oral request for time to deposit monies on 3.7.2010. I have considered the said request and the said request cannot be granted because sufficient time has been granted to the defendant to comply with the order to deposit the monies. Plaintiff has instituted this suit for recovery of Rs.86,81,225/- and for interest 2 at the rate of 18% per annum from the date of filing of the suit till payment and/or realization on the basis of the cause of action which accrued to the plaintiff on account of dishonour of nine cheques issued by the defendant in favour of plaintiff. The cheques came to be deposited in the bank and all the cheques were dishonoured by dishonour memo dated 7.4.2006. In view of non deposit of monies and non compliance of the order dated 15.4.2010 the plaintiff is entitled to decree in accordance with the provisions of Order 37 Rule 3(6)(b) of CPC. In view of this plaintiff would be entitled to recover interest on the principal amount of Rs.56,50,000/- being the amount covered by 9 cheques, from 7.4.2006. In the absence of specific agreement for interest, looking to the provisions of Section 80 of the Negotiable Instruments Act, plaintiff would be entitled to recover interest at the rate of 18% per annum. 3. In view of the above, I pass the following order: ORDER i) Defendant do pay to plaintiff Rs.56,50,000/-. ii) Defendant do pay to plaintiff interest at the rate of 18% per 3 annum on Rs.56,50,000/- from 7.4.2006 till realization. Iii) Defendant do pay to plaintiff costs of the suit. iv) Refund of Court fees is granted as per rules. [R.Y.GANOO, J.]