1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 750 OF 2009 Manohar Singh Kalu Singh Rajput. ... Plaintiff. V/s. Subhash Gopal Vengurlekar. ... Defendant. Mr. Suresh M. Jain for the Plaintiff. None for the Defendant. CORAM : R.Y. GANOO, J. DATED : 15th APRIL 2010. P.C. :- Taken up for ex-parte decree as Vakalatnama is not filed by the Defendant. 2. Original documents are taken on record. The Plaintiff sold and delivered gold, more particularly set out in the invoices which are filed on record. According to the Plaintiff, the Defendant issued seven cheques covering the invoice amounts and all the cheques when deposited in the Bank for realization came to be dishonoured on 18th July 2006. The dishonoured cheques and the memos are on record. 3. The learned Advocate for the Plaintiff pressed for decree as prayed for. 2 4. The sum total of the dishonoured cheques turns out to be Rs.107072/-. The Plaintiff will be entitled to decree for this amount by way of principal amount. Since no rate of interest is mentioned in the invoices and since cheques have been dishonoured, principally, this could be treated as a Suit on dishonoured cheques and therefore, in accordance with the provisions of Section 80 of Negotiable Instruments Act, the Plaintiff will be entitled to interest at the rate of 18% per annum from the date of dishonour till realization. Hence, following order is passed :- (i) The Defendant do pay the Plaintiff Rs.107072/- by way of principal amount . (ii) The Defendant do pay the Plaintiff the interest at the rate of 18% per annum on Rs.107072/- from 18th July 2006, till realization. (iii) The Defendant do pay the Plaintiff costs of the Suit. (iv) Refund of Court fees granted as per rules. (R.Y. GANOO, J.) 3