1 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 SUMM. FOR JUDGMENT NO.709 OF 2003 IN SUMM.SUIT NO.249 OF SUMM.SUIT NO.249 OF SUMM.SUIT NO.249 OF 2003 Jayaben Pandya .. Plaintiff versus Pravin T.Mota .. Defendant Ms J.P.Kar i/b B.R.Parekh for Plaintiff Mr Jairaj i/b Mahesh Shah for Defendant CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 13th April 2005. DATED : 13th April 2005. DATED : 13th April 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the parties. Learned counsel undertakes to file the original documents. Undertaking is recorded and accepted. Learned counsel for the defendant admits receipt of the Summons for Judgment and also admtis that inspection was taken on 16th December, 2003. More than one year has passed since then and the defendant has not filed an application for leave to defend nor filed an affidavit 2 in reply. The plaintiff is entitled to a decree under order 37 Rule 3 (6) of the Code of Civil Procedure. I have perused the plaint. In the absence of any affidavit in reply averments made in the plaint are deemed to be admitted. 2. Accordingly, the plaintiff’s suit is decreed under order 37 Rule 3 (6) of the Code of Civil Procedure. Summons for Judgment is made absolute in terms of prayer clauses subject to the modification that from the date of suit interest shall be payable on Rs.1,00,000/- at 9 % p.a. till payment and all costs of the suit. Decree not to be drawn up untill the original documents are filed. D.G.KARNIK, J