IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2039 OF 2008 Kavita Ketankumar Jain .. Plaintiff Versus Vijay Dilip Kotecha & Anr. .. Defendants Mr.Ramesh Jain for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . Heard the learned counsel appearing for the plaintiff. The office noting shows that the writ of summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the 1st defendant and affidavit of service has been filed. It is stated that the defendants have not entered appearance within the time stipulated by law. The original documents are placed on record. 2. The learned counsel appearing for the plaintiff seeks permission to withdraw the suit as against the 2nd defendant and he is praying for the decree as against the 1st defendant who is drawer of the bill of exchange. 2 3. In view of averments made in the plaint and original documents on record, the plaintiff is entitled to a decree as against the 1st defendant. Further interest will have to be fixed at the rate of 12% per annum. 4. Hence, I pass the following order: (i) The suit is dismissed as withdrawn as against the 2nd defendant. (ii) There will be a decree against the 1st defendant as prayed with modification that interest payable will be at the rate of 12% per annum on principal amount of Rs.01,00,000/-. (iii) The plaintiff will be entitled to refund of Court fees as per the rules. (iv) Certified copy is expedited. (A.S.Oka,J)