1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3308 OF 2007 Vimalkumar Jawerchandji Parmar ...... Plaintiff. V/s Ashok Shripal Patre ...... Defendant. ----- Mr. Ramesh Jain for the plaintiff. CORAM: V.M. KANADE, J. DATE : 12th SEPTEMBER, 2008 P.C.: 1. Heard the learned Counsel appearing on behalf of the plaintiff. 2. Plaintiff has filed a suit for recovery of an amount of Rs.57,465. 20 ps. 3. Defendant was served on 18/1/2008. Defendant has not filed his appearance till `date. Plaintiff has filed an affidavit of service. The affidavit of service is taken on record and marked as Exhibit-A. Plaintiff has also filed a list of documents alongwith the documents viz. Promissory Note, plaintiff's advocate letter dated 2/6/2007, Money Lender Licence, Forms under Bombay Money Lending Act and the Books of Accounts. The said list alongwith the documents is taken on record and marked as Exhibit-B collectively. 4. Plaintiff is, therefore, entitled for an ex parte decree 2 in view of the provisions of Order XXXVII Rule 3(6)(a) of the Code of Civil Procedure, 1908. 5. Accordingly, suit is decreed and the defendant is directed to pay to the plaintiff a sum of Rs 57,465.20 ps with interest on the amount of Rs 42,000/- @ Rs 12% per annum from the date of filing of the suit till payment or realization. 6. Suit is accordingly disposed of. Refund of the court fees be paid in accordance with the rules. (V.M. KANADE, J.) 3