1 srk IN THE HIGH COUT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 515 OF 1998 Bank of India .. Plaintiff vs Shital P.V. Yadav .. Defendant Mr. J. Girish Nair for the Plaintiff. CORAM: A.S.OKA,J DATE: 5th November, 2009. P.C. 1 The suit is set down under the caption “for exparte decree”. The plaintiff-bank has filed this suit for recovery of the amount payable by the defendant on account of outstanding bill of India Card issued by the plaintiff to the defendant. The suit was filed after issuing demand notice. The report of the office shows that summons as contemplated by sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the said Code’) has been duly served to the defendant. The defendant has not entered appearance. 2 2 The plaintiff has placed on record original application submitted by the defendant for issuing India Card. The plaintiff has also placed on record the statement of account of the defendant as well as an office copy of the notice of demand. 3 In view of the sub rule 3 of rule 2 of Order XXXVII of the said Code, the plaintiff is entitled to a decree as prayed. The plaintiff has claimed further interest at the rate of 2.5% per month from the date of filing of the suit till realization. The said interest will have to be fixed at the rate of 12% per annum. 4 Hence, I pass following order: i The suit stands decreed in terms of prayer clause (a ) with modification that further interest on the principal amount shall be payable at the rate of 12% per annum from the date of the institution of the suit till realization of the amount. ii Plaintiff shall be entitled for refund of court fees as per rules. Judge.