1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3333 OF 2003 Modison Metals Ltd. .. Plaintiff versus Ranutrols Industries Ltd. .. Defendant Mr.C.D.Patel i/by Vivek Sharma for the plaintiff. CORAM : A.S.OKA, J. DATE : 26th November 2009. P.C: . Heard learned counsel appearing for the plaintiff. He pointed out that after service of writ of summons under sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the defendant has not entered appearance within the time stipulated by law. 2. None appears for the defendant. In view of sub-rule 3 of Rule 2 of Order XXXVII of the said Code and considering the averments made in the plaint, a case is made out for passing a decree. Further interest has been claimed at the rate of 18% per annum. The interest deserves to be fixed at the rate of 12% per annum. 3. Hence, there will be a decree as prayed with a modification that further interest will be payable at the rate of 12% per annum instead of 18% per annum. The plaintiff will be entitled to refund of Court fees as per the rules. (A.S.OKA,J)