IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.350 of 2001. SUMMARY SUIT NO.350 of 2001. SUMMARY SUIT NO.350 of 2001. Shri D.V.Joglekar res. at Bhageshwar Bhuvan, 4th floor, Near Paradise Cinema, Mahim, Mumbai 400 016 ..Plaintiff versus Shri Hiraji Singh Parmeshwar Singh res. Marsaban Estate, 10 Balgovind Wadi, B.B.Kear Road, Mahim, Mumbai 400 016 ..Defendant Mrs.Seema Sarnaiak for the plaintiff. None for the defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 2 February, 2009. DATED : 2 February, 2009. DATED : 2 February, 2009. P.C. 1. The plaintiff has filed this suit for recovery of Rs.1,00,000/- and for interest at the rate of 18% per annum from the date of filing of the suit till realisation, and for costs on the basis of three dishonoured cheques dated 19.11.1997, being cheques of Rs.50,000/-, Rs.25,000/- and Rs.25,000/- making it together at Rs.1,00,000/-. The cheques have been dishonoured -2- and intimation of dishonour is dated 16.1.1998. Suit is filed on 14.11.2000. Hence the institution of suit is within the period of limitation. 2. The plaintiff has tendered the evidence affidavit and documents. Same are taken on record. The defendant was granted unconditional leave to defend. However, defendant has not filed written statement. Hence the suit is taken up for ex-parte decree. 3. I have heard learned Counsel Ms. Sarnaik on behalf of the plaintiff. Perused the documents including the dishonoured cheque, memo of dishonour etc. Plaintiff has made out a case for passing a decree in his favour to the extent of Rs.1,00,000/-. Since no specific rate of interest was agreed between the parties and as the suit is based on dishonoured cheque the plaintiff is entitled for interest at the rate of 18% per annum from the date of filing of the suit till realisation. The plaintiff is also entitled to costs. 4. For the reasons mentioned aforesaid, I pass -3- the following order. ORDER . Suit is decreed in terms of prayer clauses (a), (b) and (c). (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)