sanjay 1 s-547.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 547 OF 2010 Bell Finvest (India) Limited. ... Plaintiff. V/s. 1. P.Ramchandra Nair. 2. Omana R. Nair. ... Defendants. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit has been instituted under order 37 of Code of Civil Procedure, 1908. 2. The Plaintiff which is a non-banking finance company granted a loan to the First Defendant in the amount of Rs.2,40,000/- on 15 October 2009. The First and Second Defendants availed of the loan and executed a promissory note on 15 October 2009. The Second Defendant executed a deed of guarantee. The cheque that was issued to the Plaintiff was dishonoured on presentation. sanjay 2 s-547.10 3. The Defendants have been served with a writ of summons, but have failed to enter appearance. The suit hence is set down for ex parte decree. The Plaintiff would be entitled to judgment in terms of provisions of order 37 rule 6(a) of C.P.C. The Plaintiff has relied upon a compilation of original documents on the basis of which the claim is duly proved. The claim falls within the purview of order 37 & is within limitation. The suit is accordingly decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be refund of court fees, if any, as per rules. (D.Y.Chandrachud, J.)