IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1957 OF 2008 SUMMARY SUIT NO.1957 OF 2008 SUMMARY SUIT NO.1957 OF 2008 Lumala Industries Pvt. ..Plaintiff. V/s. ARS Engineering Industries & Ors. ..Defendants. Mr.M.A.Shah i/b. Arvind G. Shah for plaintiff. None for defendants. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 26TH MARCH, 2009. DATED : 26TH MARCH, 2009. DATED : 26TH MARCH, 2009. P.C. :- P.C. :- P.C. :- 1. The plaintiff had advanced a sum of 3,00,000/- and Rs.6,00,000/- to the defendants in October 2004 and July, 2006 respectively. The defendants agreed to repay the said amount with interest @ 15% p.a. The defendants repaid part of the said amounts, but failed and neglected to pay the balance amount, By various notices the plaintiff called upon the defendants to pay the balance amount. As the defendants failed and neglected to pay the balance amount, the present suit is filed under Order XXXVII of the Code of Civil Procedure to recover the amount of Rs.4,75,000/- as more particularly set out in the particulars of claim with interest @ 15% p.a. on Rs.4,00,000/- from the - = : 2 : = - date of filing the suit till realisation of the entire amount. 2. None appears for the defendants though served, Affidavit of service is already filed. 3. I have perused the affidavit of documents as also the the original documents annexed thereto. In the absence of any dispute to the suit claim, in my opinion, the plaintiff is entitled to the decree as prayed. Accordingly, the suit is decreed and the defendants are directed to jointly and severally pay to the plaintiff a sum of Rs.4,75,000/- with further interest @ 15% p.a. on Rs.4,00,000/- from the date of filing of the suit, till realisation of the entire amount. 4. Refund of court fees as per rules. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)