1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1654 OF 2008 Lilavati Chandulal Shah .... Plaintiff. V/s Shreeji Marketing & Ors. .... Defendants. Mr. Mahesh Devani for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 4TH SEPTEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff. 2. Plaintiff has filed affidavit of service and compilation of original documents which are taken on record. 3. In spite of service of writ of summons, none appears on behalf of defendants. 4 Plaintiff had advanced a sum of Rs 50,000/- to defendants by a cheque. The said amount was utilized by 2 defendants and the re-payment was made by a cheque dated 19/4/2005 which is annexed at Exhibit ‘A” on page 14 of the plaint. However, the said cheque was dishonoured. The bank memo is annexed at Exhibit-A1 on page 15 of the plaint. No appearance or reply has been filed by defendants within 10 days from the date of service of the writ of summons. Plaintiff is, therefore, entitled to judgment and decree. 5 Defendants are jointly and severally ordered and directed to pay to plaintiff a sum of Rs 76,950.00 together with further interest due on principal amount of Rs 50,000/- @ 15% p.a. from the date of filing of the suit till payment and/or realization with costs of the suit. 6. Suit is accordingly decreed and disposed of. Refund of Court fees be paid in accordance with Rules. (V.M. KANADE, J.)