1 ss-12-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 12 OF 2008. Kesharimal Champalalji Kothari. ..Plaintiff. vs. Liladevi Devilalji Hiran & Anr. ..Defendants. .... Mr. Ramesh Jain, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 17TH MARCH 2011. JUDGMENT : The Plaintiff has in the Suit sought a decree against the Defendants for a sum of Rs. 2,28,984.65 paise along with interest thereon at the rate of 18 % per annum on the sum of Rs.1,35,000/- or such other and further rate of interest as this Court may deem fit and proper from the date of filing of the Suit till payment or realisation and the costs of the Suit. After the writ of summons was served on the Defendants, the Advocates for the Defendants filed their appearance. The Plaintiff therefore took out Summons for Judgment being No.9 of 2009. By Order dated 1st June 2009 this Court granted conditional leave to the Defendants to defend the Suit subject to deposit of a sum of Rs.2,00,000/- within a period of eight weeks. An Appeal filed therefrom by the Defendants was dismissed by a Judgment and Order dated 6th January 2010. 2. The learned Counsel appearing for the Plaintiff stated 2 ss-12-08 that the Defendant has not complied with the requirement of depositing the requisite amount within the time stipulated under the order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 29th November 2010 is placed on record. The said certificate records that the Defendant has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The Suit filed by the Plaintiff is based on the Bill of Exchange. The Plaintiff has placed on record the original Bill of Exchange dated 7th December 2004. In view of clause (b) of sub- Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is forthwith entitled to a Judgment against the Defendants in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 4. The Plaintiff has claimed interest at the rate 18% per annum on the sum of Rs.1,35,000/- or at such other and further rate of interest as this Court may deem fit and proper from the date of filing of the Suit and the costs of the Suit. The Plaintiff is entitled to interest as claimed. Hence, I pass the following order : (i) The Defendant is ordered and decreed to jointly and severally pay to the Plaintiff a sum of Rs.2,28,985 (Rupees Two Lacs Twenty Eight Thousand Nine Hundred Eighty Five Only) and further interest on Rs.1,35,000/- at the rate of 18% per annum from the date of filing of the Suit till payment or realisation. (ii) The Defendants shall pay to the Plaintiff the 3 ss-12-08 costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 5. The Suit is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]