1 ss-3345-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 3345 OF 2009. Premchand Gulabchandji. ..Plaintiff. vs. Nirmala Fulchand Matange & Anr. ..Defendants. .... Mr. Ramesh Jain, i/b. Ramesh Jain & Kusum Jain, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 8TH MARCH 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendants have not entered their appearance in spite of service of writ of summons. The Affidavit proving service dated 23rd May 2010 is placed on record. The original promissory note dated 2nd March 2009 is also placed on record. 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. 3. Hence, I pass the following order : (i) The Defendants are ordered and decreed to pay to the Plaintiff a sum of Rs.66,460.27 ps. and interest @ 15% per annum on the amount of 2 ss-3345-09 Rs.60,000/- from the date of filing of the Suit till payment or realisation. (ii) The Defendants shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]