- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SIMMARY SUIT No. 1028 OF 2007 Ramesh Ranshi Colourwala @ Galia ... Plaintiff Vs. Brijlal Jagan Kanojia ... Defendants *** Mr. Hira Gummala, for the Plaintiff. *** CORAM : S. J. VAZIFDAR, J. DATE : SEPTEMBER 16, 2009. PC :- 1. The learned counsel appearing on behalf of the plaintiff states that plaintiff gives up security, referred to in Exhibit “A” of the plaint and shall return all the documents pertaining thereto to the defendants. The undertaking is accepted. Suit is proceeded with on this basis. 2. The suit is filed to recover a sum of Rs.5,50,000/- together with interest @ 24% per annum on the principal sum of Rs.4,00,000/- from the date of filing the suit till the payment. 3. The suit is based on a writing dated 10th July, 2004 by which the defendant admitted receipt of the loan of Rs.4,00,000/- - 2 - and agreed to pay interest @ 24% per annum. As the loan was not repaid despite the notices demanding the payment, the present suit was filed. A compilation of documents is tendered on behalf of the plaintiffs. The same is taken on recorded and marked “A” (Colly). No appearance has been filed on behalf of defendant, nor has he remained present today. 4. There is nothing on record that militates against the plaintiff’s case or against the genuineness of the documents. There is thus, no defence to the suit. 5. In the circumstances, the suit is decreed, as prayed. However, interest after the date of the filing of the suit shall be at the rate of 9% per annum on the basis of simple interest. Refund as per rules.