1 42.ss-2854-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 2854 OF 2009. Bank of India, having their head office at ‘Star House’ C-5, ‘G’ Block, Bandra Kurla Complex, Bandra (E), Mumbai- 400 051 and its Card Product Deptt., at Bank of India Bldg., 4th floor, 70-80, M.G. Road, Fort, Mumbai-400 023. ..Plaintiffs. vs. K. Omprakash, R/o. No.11A 1 Yuvaraj Kanan Flats, Maheshwari Avenue, 3rd Street, Pulthuvakam, Chennai- 600 091 and working for gain at No. 12A, 14th Street Nehru Colony, Nangaballuru, Near Independence Park, Chennai 600 061. ..Defendant. .... Mr. M.V. Patange, for Plaintiff. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH JULY 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendant has not entered his appearance in spite of service of writ of summons. The Affidavit proving service dated 18th February 2010 is placed on record. The original documents are also placed on record. 2 42.ss-2854-09 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the Decree. However, further interest from the date of filing the Suit till payment and/or realisation is fixed at the rate of 18% per annum (simple interest). 3. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs. 75,647.32 together with further interest/service charges on Rs.30,668.98 at the rate of 18% per annum from the date of filing of the Suit till payment / realisation. (ii) The Defendant shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]