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 SUIT NO.3174 of 2006. SUIT NO.3174 of 2006. SUIT NO.3174 of 2006. Mohanlal B. Solanki ..Plaintiff versus Ganesh Atmaram Puranik ..Defendant Mr.Siddharth Murarka i/b. S.K.Jain for the Plaintiff None for the defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 16th Oct., 2008. DATED : 16th Oct., 2008. DATED : 16th Oct., 2008. P.C. 1. Suit is filed by the plaintiff for recovery of Rs.1,29,000/- along with interest on Rs.1,00,000/- at the rate of 12% per anum as set out in the plaint. 2. The defendant was duly served. The defendant has not filed any written statement. Plaintiff has filed evidence affidavit dated 14.7.2008 and compilation of original documents. 3. In view of the above, no formal issues are framed. I have heard learned advocate for the plaintiff. Brief facts of the case are as under: 4. The defendant wanted a short term hand loan -2- and for that he approached the plaintiff. The plaintiff delievered to him cheque for Rs.1,00,000/- dated 15.11.2003 drawn by Abhudaya Co-op. Bank Ltd., Abhyudaya Nagar Branch, Mumbai. The said cheque was realised and the defendant received the said loan of Rs.1,00,000/-. The certificate issued by the bank dated 28.9.2006 shows that the said cheque was honoured and paid in favour of the defendant. This will go to show that the defendant has received monies. The plaintiff thereafter issued demand notice dated 11.8.2006 through his advocate. Though the said demand notice was received by the defendant there was no response and payment. Hence the suit. 5. In the absence of written statement the averments in the plaint have gone unchallenged. The plaintiff has been able to make out case that sum of Rs.1,00,000/- was advanced by the plaintiff to defendant. To that extent the plaintiff will be entitled to recover amount of Rs.1,00,000/- from the defendant. 6. In so far as the interest from the date of realisation of the cheque till institution of the -3- suit, the plaintiff has sought interest at the rate of 12% per anum. I am inclined to grant the said rate of interest. 7. So far has interest after the filing of the suit this plaintiff would be entitled to recover interest at the rate of 6% per annum in view of the provisions of Section 34 of C.P.C. The plaintiff, ofcourse will be entitled to cost of the suit. Hence I pass the following decree. DECREE i. Defendant do pay to plaintiff Rs.1,00,00/-. (Rupees One Lakh Only). ii. Defendant do pay to plaintiff interst at the rate of 12% per anum from 19.11.2003 upto 6.11.2006 on Rs.1,00,000/-. iii. Defendant do pay to plaintiff interest at the rate of 6% per anum from 7.11.2006 till realisation on Rs.1,00,000/-. iv. Defendant do pay to plaintiff costs of the -4- suit. (R.Y.Ganoo, (R.Y.Ganoo, (R.Y.Ganoo, J.) J.) J.)