1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2636 OF 2007 Shri P.R. Gopala Krishnan ...Plaintiff vs. Shri B.L.Joshi (Bhavar Lal Joshi) S/o. Vardhi Shanker Joshi ...Defendant Mr.K.D. Shukla i/b. M/s.K.D. Shukla & Co. for the Plaintiff. CORAM : V.M. KANADE, J. DATED : JANUARY 14, 2010 P.C. :- 1 Heard Counsel for the plaintiff. None appears on behalf of the defendant though he is served. The plaintiff has filed affidavit of service and list of original documents. No appearance is filed by the defendant in spite of service of writ of summons. The plaintiff is, therefore, entitled for judgment and decree under Order XXXVII Rule 2 Sub-clause 3 of the Code of Civil Procedure. 2 2 The suit of the plaintiff, therefore, decreed in terms of para 9(a). There will be a modification, however, to the interest which is to be paid by the defendant. In spite of 30% interest as claimed by the plaintiff in para 9(a), in my view, the plaintiff would be entitled to get interest at the rate of 12% per annum from the date of filing of the suit till payment and/or realization along with costs of the suit. Refund of Court fees be paid in accordance with Rules. 3 Certified copy expedited. (V.M. KANADE, J.)