-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMAY SUIT NO. 1667 OF 2008. Mohanlal K. Sugand. ..Plaintiff. Versus Sanjeev Dandonna. ..Defendant. Ms. Kavita Lalwani for the Plaintiff. Coram : R. V. MORE, J. Date : January 7, 2010. P. C. : 1. Heard Ms. Kavita Lalwani, learned counsel appearing on behalf of the plaintiff. The above summary suit is filed under Order-XXXVII, Rule-2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs. 66,374/- alongwith further interest on Rs.55,000/- at the rate of 18% per annum from the date of filing of suit. 2. The service of writ of summons is effected on the defendant. The plaintiff has also filed affidavit of service to that effect. In spite of due service on the defendant, none appeared on his behalf and therefore I heard the learned counsel for the plaintiff. 3. The case of the plaintiff is that on 2nd November 2004 he advanced an amount of Rs.1,50,000/- to the defendant by cheque. It is his further case that the defendant repaid an amount of Rs.75,000/- to the plaintiff by issuing cheque dated 12th February 2005. On the same date the defendant -: 2 :- issued 5 posted cheques of Rs.15,000/- each and one posted cheque of Rs. 10,000/- towards the balance amount of Rs.75,000/-. Out of these 6 posted cheques, two cheques for an amount of Rs.15,000/- each respectively dated 15th September 2006 and 23rd December 2006 were honoured and remaining 4 cheques for balance amount of Rs. 55,000/- came to be dishonoured. Plaintiff thereafter issued notice to the defendant. The defendant, however, failed to reply the notice. The plaintiff therefore is constrained to file the present suit for recovery of money mentioned above. 4. Learned counsel for the plaintiff has filed a compilation of 13 original documents. I have perused the same. It is clear from the documents that 3 posted dated cheques of Rs.15,000/- each and one cheque for an amount of Rs.10,000/- given by the defendant to the plaintiff towards the repayment of the advance are dishonoured. The plaintiff thereafter issued notice to the defendant demanding the balance amount. However, this notice is also not replied. Inspite of service the defendant has not bothered to contest the present suit proceeding by putting appearance. In that view of the matter, averments made in the plaint deserve to be accepted. The suit is accordingly decreed in terms of prayer clause (a) with cost. (R.V. MORE, J.)