1 ss-3219-97 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 3219 OF 1997. Shri Suresh Kanakraj Lodha. ..Plaintiff. vs. Shri Prakashchand Hushanlal Boliya. ..Defendant. .... Mr.Anil Chouhan, i/b. N.N. Vaishnawa & Co., for Plaintiff. Mr. Y.R. Dube, i/b. C.S. Dube, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MARCH 2011. P.C. The Plaintiff has in the Suit sought a decree against the Defendant for a sum of Rs.5,00,000/- along with interest thereon at the rate of 18% per annum. 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.93 of 1998. By Judgment and Order dated 3rd August 1999, this Court granted conditional leave to the Defendants to defend the Suit subject to deposit of a sum of Rs.5,00,000/- within a period of four weeks. An Appeal filed therefrom by the Defendant was dismissed by an order dated 10th September 1999. 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 order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 8th December 1999 in 2 ss-3219-97 accordance with Rule 224 of the Bombay High Court Original Side Rules 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 a Bill of Exchange. The Plaintiff has placed on record the original Bill of Exchange. 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. The Plaintiff has claimed interest at the rate of 18% per annum from the date of institution of the Suit. The Plaintiff is entitled to interest as claimed. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.5,00,000/- (Rupees Five Lacs Only) and interest thereon at the rate of 18% per annum from the date of filing of the Suit till payment or realisation. (ii) The Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 5. The Suit is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]