IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.238 OF 2007 Mahesh Sanghavi ....Plaintiff V/s. Chaitanya R. Kalbag ....Defendant Ms.Nisha Parmar i/b Tushar Goradia & Shweta Shetty for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 4TH DECEMBER, 2009. P.C. :- 1. The Defendant has failed to comply with the conditional order requiring him to deposit an amount of Rs.4,50,000/- in order to defend the suit. 2. The fact that the cheque was issued by the Defendant in favour of the Plaintiff is admitted. The fact that it was dishonoured is admitted. Thus apart from everything else at this stage itself, the Plaintiff shall be entitled to a decree. The defence taken in the affidavit in support of the Summons for Judgment on facts cannot be considered at this stage. Further the Defendant and his advocate are absent. 3. In the circumstances, the suit is decreed as prayed. However, interest after the date of the suit and todate shall be at the rate of 18% p.a. and interest hereafter shall be at the rate of 12% p.a. The Plaintiff shall also be entitled to the costs of the suit and refund of the Court fees as per rules.