- 1 - 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.2527 OF 2008 SUIT NO.2527 OF 2008 SUIT NO.2527 OF 2008 Futarmal Achalaji Shah ...Plaintiff vs. Venkatesh Acharya ...Defendant Mr.Sohanraj Chopda for the plaintiff None for the defendant CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 26,2008 : NOVEMBER 26,2008 : NOVEMBER 26,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the plaintiff. He states that summons under sub rule 2 of rule 2 of Order XXXVII of the Code of Civil Procedure,1908 has been duly served to the defendants. He states that the affidavit of service has been filed and the defendant has not entered appearance. He states that the original documents have been placed on record. The suit is filed for recovery of amount payable under the dishonoured cheque. The plaintiff has placed on record the original documents including the dishonoured cheques as well as office copy of notice of demand with the returned envelope. 2. In view of the averments made in the plaint and the original documents placed on record, the plaintiffs will be entitled to a decree as prayed for. Considering the facts and circumstances of the case, further interest will be at the rate of 10% p.a. - 2 - 3. The suit stands decreed as prayed for with modification that the further interest will be payable at the rate of 10% p.a. instead of 18% p.a. The plaintiffs will be entitled to refund of court fees as per the rules. Certified copy is expedited. JUDGE JUDGE JUDGE