1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1789 OF 2003 Smt.Jyoti Vikram Bheda ...Plaintiff vs. M/s.Shah Data Forms & Ors. ...Defendants Ms Yogini Gada i/b M/s.Harakchand & Co. for the plaintiff None for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 9, 2009 JUDGMENT : 1 Heard the learned counsel for the plaintiff. Under order dated 12 th September 2005, a conditional leave to defend the suit was granted in favour of the defendant subject to deposit of Rs.2,80,000/- within a period of four weeks. There is a certificate of non deposit of the said amount produced on record. The plaintiff has tendered on record the original documents on which claim of the suit is based. The two original demand promissory notes dated 16 th March 2000 in the sum of Rs. 1,00,000/- each have been produced on record. In view of non compliance which is evidenced by the certificate on record, the plaintiff is entitled to a decree. The plaintiff is claiming further interest at the rate of 15% per annum on the principal amount. Considering the facts and circumstances of the case, the interest deserves to be fixed at the rate of 9% per annum. 2 2 Hence, I pass the following order : i) The suit is decreed in terms of prayer clause (a) with modification that further interest will be payable at the rate of 9% per annum till realisation. ii)The plaintiff will be entitled to refund of court fee as per rules. JUDGE