1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3934 OF 1998 Varadharaj M. Shetty .. Plaintiff Versus Jayanti V. Patni .. Defendant Mr.J.H.Hegde for plaintiff None for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 7th January 2009. P.C. . This is a summary suit instituted by plaintiffs for recovery of a sum of Rs.10 lakhs along with interest. 2. In terms of the Order XXXVII of Code of Civil Procedure, the writ of summons was duly served and no appearance was filed by the defendants despite summons being served, in the manner set out in the affidavit proving service. 2 In these circumstances, plaintiffs became entitled for judgement. 3. The plaint proceeds on the basis that the defendant approached the plaintiff with a request that he be lent a sum of Rs.10 lakhs which was accordingly lent to the defendant and the defendant executed a demand promissory note agreeing to repay this amount together with interest. He also acknowledged receipt of the aforesaid sum of Rs.10 lakhs. It is stated that the defendant paid monthly interest on the loan amount till August 1998 but defaulted thereafter and it is stated that the defendant was not found at the shop premises and could not be located thereafter. 4. It is in these circumstances and on the basis of the demand promissory note that the suit is filed as a summary suit. The demand promissory note is dated 9th October 1996 and is 3 executed at Mumbai. The same bears the signature of defendant (Jagdish Patni). The defendant has acknowledged receipt of the aforesaid sum. That receipt also bears his signature. The amount is advanced by cheque drawn on Karnataka Bank in favour of the defendant. 5. The suit is filed on 8th September 1998. The amount is lent and advanced in Mumbai. The defendant also at the relevant time resided at Mumbai. From the plaint averments, I am satisfied that the Court has jurisdiction to entertain and try the suit so also the claim is not barred by limitation. Further, the plaint averments satisfy the requirements under Order XXXVII Rule 2 of C.P.C. Original documents along with the list are tendered. The same are taken on record and marked "X" for identification. Affidavit proving service is also taken on record and marked "X-1" for identification. 4 6. In the aforesaid circumstances, the decree as prayed is granted. However, future interest be calculated at 6% p.a. from the date of passing of decree till payment and/or realisation. (S.C.Dharmadhikari, J)