1 41 ss.705.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 705 OF 2009 M/s. Otarmal Kantilal and Company. ... Plaintiffs Versus S.K.Surve and anr. ... Defendants ----- Ms. Visha Pawar i/b Tusha Goradia and Nisha Parmar for the Plaintiffs. None for the Defendants. ----- CORAM : A.S.OKA, J. DATE : 10 th January, 2011. JUDGMENT : 1 Heard the learned counsel appearing for the Plaintiffs. The suit is shown under the caption “for ex-parte decree”. The suit is filed by the Plaintiffs on the basis of Bill of Exchange, which was drawn by the 1 st defendant in the consideration of Rs.60,000/-. Under the Bill of Exchange, the 2 nd defendant was directed to pay a sum of Rs.60,000/- on demand. On the same day, the bill was accepted by the 2 nd defendant. After the bill was presented to the 2 nd defendant, the same wad dishonoured for non payment. Thereafter, notice of demand was issued to the Defendants. 2 Original Bill of Exchange is placed on record alongwith office copy of the notice of demand. 2 41 ss.705.09 3 It is pointed out that inspite of service of writ of summons, the Defendants have not entered appearance. In view of sub-Rule 3 of Rule 2 of Order XXXVII of the Civil Procedure Code, 1908, the Plaintiffs are entitled to judgment. The Plaintiffs have claimed interest at the rate of 18% per annum. Considering the facts of the case, interest deserves to be granted at the rate of 10% per annum. 4 Hence, there shall be decree as prayed subject to modification that interest will be payable at the rate of 10% per annum on the sum of Rs. 60,000/-.. 5 The Plaintiffs will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]