sanjay 1 s-1140.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1140 OF 2010 Bell Finvest (India) Limited. ... Plaintiff. V/s. 1. Anil Alias Arun Sakpal. 2. Sakpal (Wife of Def No.1) ... Defendants. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit has been instituted under order 37 of Code of Civil Procedure, 1908. 2. The Plaintiff which is a non-banking finance company granted a loan to the First Defendant in the amount of Rs.60,000/- on 12 August 2006. The First Defendant drew a bill of exchange which was accepted by the Second Defendant. The First Defendant had issued six post-dated cheques each of Rs.10,000/- which were dishonoured on presentation. Despite a notice of demand dated 24 February 2010 payment has not been made. sanjay 2 s-1140.10 3. The Defendants have been served with a writ of summons on 8 June 2010, but have failed to enter appearance upon which the suit is listed for ex parte decree. The Plaintiff has relied upon a compilation of original documents on the basis of which the claim is duly proved. Even otherwise, in terms of the provisions of order 37 rule 6(a) of C.P.C., the Plaintiff would be entitled to a decree. 4. The suit is accordingly decreed in terms of prayer clauses (a) and (b) with modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be refund of court fees, if any, as per rules. (D.Y.Chandrachud, J.)