1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2546 OF 2008 Kamlesh Jayantilal Jain .... Plaintiff. V/s Rajesh Ramesh Jadhav and Ors. .... Defendants. Mr. Ramesh Jain for plaintiff. None for defendants. CORAM: V.M. KANADE, J. DATE : 12TH AUGUST, 2009 P.C.: 1. Counsel for plaintiff seeks permission of this Court to withdraw the suit as against defendant No.2. 2. Suit is accordingly allowed to be withdrawn as against defendant No.2. 3. Plaintiff has filed affidavit of service. In spite of service of writ of summons, defendants have not filed their appearance within 10 days from the date of service. Plaintiff has filed original documents. Suit is filed on the basis of 2 demand bill of exchange. The case of plaintiff is that on 11/3/2006, defendant No.1 was paid Rs 3 lacs by plaintiff and he drew a bill of exchange directing defendant Nos. 2 and 3 to pay to plaintiff a sum of Rs 3 lacs on demand. The said bill of exchange was accepted and delivered by defendant Nos. 2 and 3 to plaintiff on the same day. Though the said amount had become due and payable, defendants failed and neglected to pay the said amount. Plaintiff, therefore, after giving advocate’s notice to defendants, filed this suit. 4. Since defendants have not filed their appearance in spite of service of writ of summons, plaintiff is entitled for judgment and decree. Suit is accordingly decreed in favour of the plaintiff and defendants 1 and 3 are directed to pay an amount of Rs 4,08,887.67 paise and further interest on Rs 3,00,000/- @ 15% from the date of filing of the suit till payment or realization with the costs of the suit. 5. Refund of court fees be paid as per rules. 6. Suit is accordingly decreed and disposed of. (V.M. KANADE, J.) 3