1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. NOTICE NOTICE NOTICE NO.1317 OF 2007 NO.1317 OF 2007 NO.1317 OF 2007 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO.234 OF 2007 APPLICATION NO.234 OF 2007 APPLICATION NO.234 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.4417 OF 2000 SUIT NO.4417 OF 2000 SUIT NO.4417 OF 2000 M/s.Gurukripa Resins Pvt.Ltd. : Plaintiffs. versus M/s.Prabhat General Agencies and anr. : Defendants. Mr.K.R.Parekh for the plaintiffs. Mr.J.PSen a/w Ms.Sheetal Shah i/by Mehta Girdharlal for the defendants. CORAM CORAM CORAM : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. DATED DATED DATED : 10th January 2008. : 10th January 2008. : 10th January 2008. P.C. P.C. P.C. 1. Heard. The previous order under Order XXI Rule 22 of the Code of Civil Procedure was not decided on merits. 2 2. It is, however, clarified that the decree shall be executable only as modified by the order of the Appeal Court dated 24th June 2003 viz that the interest shall be at the rate of 9% per annum as per the Interest Act. It is further agreed by the plaintiffs that the rate of interest at 9% per annum shall apply even to the period prior to filing of the suit. 3. Subject to the above clarification, the notice is made absolute and the decree shall be executed forthwith. 4. Office is directed to amend the decree accordingly. The same shall be done within a period of two weeks from today. ********** ********** **********