1 26.sj-23-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMONS FOR JUDGMENT NO. 23 OF 2010 IN SUMMARY SUIT NO. 14 OF 2007. Prabha Kannan. ..Plaintiff. vs. B. Narshiman, Sole proprietor of Annapi Construction Company. ..Defendant. .... Mr. Prasad Das, for Plaintiffs. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MAY 2011. JUDGMENT : The Plaintiff has in the above Suit sought a decree against the Defendant for a sum of Rs.7,33,399/- together with interest on the principal sum of Rs.6,00,000/- at the rate of 12% per annum from the date of filing of the Suit till payment and/or realisation and the costs of the Suit. After the Writ of Summons was served on the Defendant, the Advocates for the Defendant filed their appearance. The Plaintiff therefore took out Summons for Judgment being No. 23 of 1990. By an order dated 27th July 2010, this Court granted conditional leave to the Defendant to defend the Suit subject to the Defendant depositing a sum of Rs.7,33,399/- within 90 days from the date of the order, i.e. on or before 26th October 2010. 2. The learned Counsel appearing for the Plaintiff stated that the Defendant has not complied with the requirement of depositing the requisite amount within the time stipulated under the 2 26.sj-23-10 order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 3rd May 2011 is placed on record. The said certificate records that the Defendant has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on three dishonoured cheques (Exhibit ‘D’ to the Plaint). The Plaintiff has placed the documents on record. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendant in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. Hence, I pass the following order :- (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs. 7,33,399/- (Rupees Seven Lacs Thirty Three Thousand Three Hundred Ninety Nine Only) together with simple interest on the principal sum of Rs.6,00,000/- at the rate of 12% per annum from the date of filing of the Suit till payment and/or realisation. (ii) The Defendant shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per Rules. 5. The Summons for Judgment is accordingly made absolute and the Suit stands disposed of. [ S.J. KATHAWALLA, J. ]