1 64 ss.1899.05 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1899 OF 2005 Bhagchand Jain. ... Plaintiff Versus Mahendra Goyal. ... Defendant ----- Mr. Nikhil Karnawat i/b Nivit Shrivastava for the Plaintiff. ----- CORAM : A.S.OKA, J. DATE : 04 th February, 2011. JUDGMENT: 1 Heard the learned counsel appearing for the Plaintiff. The suit is placed on board under the caption “for ex-parte decree”. The Defendant has not entered appearance in spite of service of writ of summons. The original documents are placed on record including the letter of confirmation. 2 In view of sub-Rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. 2 64 ss.1899.05 As the suit is filed for recovery of friendly loan, notwithstanding the agreement, interest deserves to be fixed at the rate of 9% per annum. 3 The suit is accordingly, decreed with modification that further interest will be payable at the rate of 9% per annum. 4 The Plaintiff will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]