1 30.ss-564-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 564 OF 2009. Shrikrishna Murlidhar Khandelwal, 4/1, Navjeevan Co-operative Housing Society Limited, Lamington Road, Mumbai-400 008. ..Plaintiff. vs. 1. M/s.S.P. Builders, Office at 309, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai-400 023. 2. Samarthmal P. Sheth, Partner of M/s. S.P. Builders, Office at 309, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai-400 023. 3. Ramesh Sheth, Partner of M/s. S.P. Builders, Office at 309, Gundecha Chambers, Nagindas Master Road, Fort, Mumbai-400 023. ..Defendants. .... Mr. Jay Choksi, i/b. R.A.K. Najam-Es-Sahi, for Plaintiff. Mr. Kunal Dahle, for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 4TH OCTOBER 2011. JUDGMENT : The Plaintiff has in the above Suit sought a decree against the Defendants for a sum of Rs.28,45,350/- along with interest on Rs. 18,50,000/- at the rate of 18% per annum or such rate as this Court 2 30.ss-564-09 deems fit from the date of filing of this Suit till payment and/or realisation and the costs of this Suit. After the writ of summons was served on the Defendants, the Advocate for the Defendants filed their appearance. The Plaintiff therefore took out Summons for Judgment being No.534 of 2009. By an Order dated 18th November 2010, this Court granted conditional leave to the Defendants to defend the Suit subject to them depositing a sum of Rs.18 lacs within a period of eight weeks from the date of the order. 2. The learned Counsel appearing for the Plaintiff stated that the Defendants have 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 Prothonotary and Senior Master dated 14th March 2011 is placed on record. The said certificate records that the Defendants have not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on dishonour of cheque (Exhibits ‘A’ to the Plaint). The Plaintiff has placed the documents on record. 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 Defendants 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 Defendants are jointly and severally ordered and decreed to pay to the Plaintiff a sum of Rs. 28,45,350/- (Rupees Twenty Eight Lacs Forty Five Thousand Three Hundred Fifty Only) 3 30.ss-564-09 and simple interest on Rs. 18,50,000/- at the rate of 18% per annum from the date of the filing of the Suit till payment and/or realisation. (ii) The Defendants shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 5. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]