: 1 : SD 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 SUMMARY SUMMARY SUMMARY SUIT NO.3114 OF 2008 SUIT NO.3114 OF 2008 SUIT NO.3114 OF 2008 Mansukhlal P. Khadwala ...Plaintiff V/s. Shrikant G. Sant ...Defendant Mr.D.A. Barot for the Plaintiff. None for the Defendant. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 2ND FEBRUARY, 2009. : 2ND FEBRUARY, 2009. : 2ND FEBRUARY, 2009. P.C.: P.C.: P.C.: 1. This is a suit filed for recovery of amount. The Defendant received loan from the Plaintiff and had executed two promissory notes promising even to pay 18% interest on the sum advanced. The Defendant failed to pay the amount on demand. So the suit came to be filed. 2. Despite service of summons, the Defendant did not appear to oppose the suit. Whatever is stated in the plaint has thus gone unchallenged. In view of the original documents brought on record today, the case of the Plaintiff deserves to be believed. 3. The suit is decreed in terms of prayer clause : 2 : (a). 4. The rate of interest payable to the Plaintiff from the date of filing of the suit till the amount is realised shall be @ 9% p.a. 5. The Plaintiff is entitled to proportionate costs of the suit. 6. The Plaintiff is also entitled to refund of court fee as per the rules. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]