1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1338 OF 2008 Nenmal Umedmal Parmar ...Plaintiff. V/s Kashinath Malji Vetkoli ...Defendant. Mr. Ramesh Jain for plaintiff. None for defendant. CORAM: V.M. KANADE, J. DATE : 12TH AUGUST, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff. None appears on behalf of defendant though he is served. No appearance has been filed by defendant within 10 days from the service of writ of summons. 2. Plaintiff has filed original documents. Plaintiff has filed this Summary Suit on the basis of demand promissory note executed by defendant on 02/04/2005. By the said demand promissory note, defendant promised to pay the plaintiff a sum of Rs 40,000/- alongwith interest @ 21% per annum. It is the case of plaintiff that though the said amount had become due 2 and payable, defendant failed and neglected to pay the said amount. In spite of service of legal notice the defendant has failed to pay the said amount. 3. On account of non-appearance of defendant after service of writ of summons, plaintiff is entitled for judgment and decree. Defendant is, therefore, directed to pay to the plaintiff an amount of Rs 65,038.90 ps and further interest of Rs 40,000/- @ 15% per annum from the date of filing of the suit till payment or realization and costs of the suit. 3. Refund of court fees be paid in accordance with rules. (V.M. KANADE, J.)