1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1006 OF 1999 Hundalani Finance & Leasing Co.Ltd. ... Plaintiff. Vs Solar Farmachem Ltd. & Ors. ...Defendants. ------- Mr.Priyadarshan V. Shah, for the Plaintiff. None for the Defendants. ---- CORAM : S.J. VAZIFDAR, J. DATED : 12TH AUGUST, 2009 P.C. :- 1. The suit is filed to recover a sum of Rs.24,64,000/- together with interest at 18% p.a. on Rs.16,00,000/- from the date of the suit till payment. 2. The suit is based on the bill of exchange drawn by Defendant no.2 and accepted by Defendant no.1. Defendant no.3 is sued as a guarantor. The present application is for seeking a decree against Defendant no.1. 3. The bill of exchange is in the sum of Rs.16,00,000/-. It does not contain any provision of interest. 2 4. Despite the Plaintiff’s advocate’s notice demanding payment, the Defendants have failed and neglected to make payment. The cheque issued by Defendant no.1 was dishonoured. The proceedings under section 138 are pending. 5. The Plaintiff has filed an affidavit in lieu of examination-in- chief. The Plaintiff has also filed a further affidavit in respect of original documents. A compilation of documents tendered in Court is taken on record and marked “A” (Colly). 6. There is no written statement. The Defendants have not appeared today. The documents clearly established the Plaintiff’s case against Defendant no.1. There is no defence to the suit. 7. In the circumstances, the suit is decreed against Defendant no.1 as prayed. 8. The Plaintiff shall be entitled to return of the original documents upon the same being replaced by xerox copies thereof authenticated by the Plaintiff’s Advocate to be true copies. The return of the documents shall be after the period of four weeks from today. Refund as per rules.