IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1085 OF 2008 Surendrasingh M. Gujra .. Plaintiff Vs. Subhash Pandurang Pawar .. Defendant Mr.Ramesh Jain for the plaintiff. None for the defendant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard learned counsel appearing for the plaintiff. Affidavit of service of writ of summons issued under sub-rule 2 of rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been filed. It is stated that the defendant has not entered appearance. 2. The plaintiff is a money lender. According to the plaintiff on 07th October 2007 and 09th October 2007, the defendant executed two separate demand promissory notes in his favour for valuable consideration of Rs.50,000/- and Rs.25,000/- respectively received by the defendant. It is stated that the defendant agreed to repay the aggregate amount of Rs.75,000/- with interest at the rate of 21% per annum. As the amount was not repaid, a notice of demand was issued by the plaintiff through his advocate. There 2 was no response to the said notice. Hence, the present summary suit has been filed. The plaintiff has produced the original demand promissory notes, an office copy of the notice of demand and returned envelope. The plaintiff has also placed on record a true xerox copy of the money lending licence and an extract of account of the defendant. 3. Considering the original documents and the averments made in the plaint, the plaintiff is entitled to a decree. However, interest will have to be fixed at the rate of 12% per annum. 4. Hence, I pass the following order: (i) The suit is decreed as prayed for with modification that the rate of interest will be 12% per annum instead of 21% per annum. (ii) The plaintiff is entitled to refund of court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)