1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3066 OF 2004 Smt.Swarn S. Bahl ....Plaintiff V/s. Brown Kraft Inds. Ltd. & Anr. ....Defendants Mr.C.A. Shukla i/b Mr.B.S. Chandnani for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 1ST OCTOBER, 2009. P.C. :- 1. The suit is filed to recover a sum of Rs.49,63,140=78 ps. together with interest at 18% p.a. on Rs. 34,54,488=77 ps. Defendant No.1 is the drawer of the suit bill of exchange. Defendant No.2 is the acceptor thereof. By an undated letter addressed to the Plaintiff, the said bill of exchange was discounted. In accordance with the said letter, the amounts were released in favour of Defendant No.1. The said letter records that the bill of exchange was drawn under recourse to Defendant No.2. 2. Defendant No.2 forwarded a cheque in the sum of Rs. 40,07,453=77 ps. under cover of an undated letter. However, by a letter dated 6.12.2001, Defendant No.2 requested the Plaintiff to return the cheque. Under cover of another letter dated 26.2.2002, Defendant No.2 enclosed four cheques towards discounting charges and the payment under the bill of exchange. Two of the cheques were honoured. The claim 2 in suit therefore is for the balance amount. 3. There was no reply to the Plaintiff’s advocates notice demanding payment. A compilation of the documents is tendered in Court. The same is taken on record and marked Exhibit-A collectively. No appearance has been filed. The Defendants are absent. There is nothing on record that militates against the Plaintiff’s claim in suit. 4. In the circumstances, the suit is decreed as prayed. However, interest after the date of filing of the suit shall be at the rate of 12% p.a. Refund as per rules.