1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2725 OF 2005 Rekha Harakhchand Gada : Plaintiff Versus Chandrakant Harakhchand Kenia : Defendant. Ms.Nalini Gade i/by Harakchand & Co. for the Plaintiff. None for the Defendant. CORAM : R.M.SAVANT, J DATED : DECEMBER 12, 2008 P.C. 1. The above Suit has been filed by the Plaintiff for recovery of an amount of Rs.1,16,270/- which includes the principal amount of Rs.77,000/- and interest calculated at the rate of 18% per annum. For the said principal amount, a Demand Promissory Note was executed by the Defendant in favour of the Plaintiff for valuable consideration being sum of Rs.77,000/- advanced by the Plaintiff to the Defendant. 2. In the above Suit, the Plaintiff had filed Summons for 2 Judgment No.730 of 2005 which had come up for hearing on 24th April 2006. Pertinently, no reply was filed to the said Summons for Judgment. This Court, however, with a view to grant an opportunity to the Defendant granted conditional leave on the Defendant depositing the sum of Rs.77,000/- within four weeks from the date of the said order. However, the Defendant has not complied with the said condition. The Plaintiff has filed Non-Deposit Certificate dated 29th September 2006. The Plaintiff has also filed compilation of original documents which is marked as “Exhibit-A” collectively. The Plaintiff would, therefore, be entitled to a decree in terms prayed for. The Decree be drawn up accordingly. [R.M.SAVANT, J]