1 ss-1769-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 1769 OF 2009. Bell Finvest (India) Limited. ..Plaintiff. vs. Krishnamurthy Govindswamy Reddy. ..Defendant. .... Mr. Rupesh Sohani, for Plaintiff. Mr. H.E. Palve, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 6TH APRIL 2011. JUDGMENT : The Plaintiff has in the above Suit sought a decree against the Defendant for a sum of Rs.10,00,000/- as per the statement of claim at Exhibit ‘H’ with further interest thereon from the date of filing of the Suit till payment or realisation and the costs of the Suit. After the Writ of Summons was served on the Defendant, the Advocate for the Defendant filed their appearance. The Plaintiff therefore took out Summons for Judgment being No. 525 of 2009. By an order dated 6th December 2010, this Court [Coram : S.C. Dharmadhikari, J.] granted conditional leave to the Defendant to defend the Suit subject to it depositing a sum of Rs.10,00,000/- within a period of twelve weeks. 2. The learned Advocate appearing for the Plaintiff stated that the Defendant has not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A certificate to that effect issued by the 2 ss-1769-09 Prothonotary and Senior Master dated 22nd March 2011 is placed on record. 3. The Suit filed by the Plaintiff is based on a promissory note executed by the Defendant on 27th October 2010 for Rs. 10,00,000/- The Suit is also based on four dishonoured cheques issued by the Defendant under his signature in the sum of Rs. 5,00,000/- In view of clause (b) of sub-rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendant in view of non- compliance with the order of this Court granting conditional leave to defend the Suit. 4. Hence I pass the following order :- (i) The Defendant is ordered and decreed to pay to the Plaintiff the sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) as per the Statement of Claim at Exhibit ‘H’ to the Plaint and further interest thereon at the rate of 18% per annum from the date of filing of the above Suit till payment and/or realisation. (ii) The Defendant shall pay to the Plaintiff the costs of this Suit. (iii) The Plaintiff will be entitled to refund of Court fees, if any, as per Rules. (iv) The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]