1 SS1550.03.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1550 OF 2003 Godrej & Boyce Mfg. Col Ltd. ... Plaintiffs. V/s. Aditya International & Anr. ... Defendants. Mr. S.B. Pawar for the Plaintiffs. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 18th OCTOBER 2010. P.C. :- The Plaintiffs had filed this Suit. Summons for Judgment No. 970 of 2003 was taken out. In the Summons for Judgment, the Court had directed the Defendants to deposit in this Court a sum of Rs.6,00,000/-. Said order is dated 29th August 2005. The Defendants have not complied with the said order of deposit. The Plaintiffs have produced non- deposit certificate dated 8th September 2010. Learned Counsel for the Plaintiff prayed for decree in accordance with the provisions of Order XXXVII Rule 3(vi)(b) of C.P.C. 2. Heard learned Counsel for the Plaintiffs on account of non-compliance of order regarding non-deposit of monies. 2 SS1550.03.sxw The Plaintiffs are entitled to decree as prayed for. In the plaint at paragraph 9 it is averred that rate of interest agreed was 18% per annum. Since the decree is being passed for non-compliance of Court’s order, the case is made out for grant of interest at the rate of 18% per annum. 3. Hence, following order is passed :- (i) Defendants do pay to the Plaintiffs Rs.7,14,000/-. (ii) Defendants do pay to the Plaintiffs interest at the rate of 18% per annum on Rs.7,14,000/- from 31st May 2000 till realization. (iii) Defendants do pay to the Plaintiffs costs of the Suit. (iv) Refund of Court fees granted as per rules. (v) Issuance of Certified Copy of the decree is expedited. (R.Y. GANOO, J.)