IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2337 OF 2007 Punjab National Bank. ...Plaintiff. Vs. M/s. Plus Marketing Private Limited. ...Defendant. .... Mr. Prasad Das i/b. Goenka Law Asso. for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. January 18, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908 has been instituted for the recovery of monies lent and advanced under a Temporary Overdraft Facility. The Defendant issued a cheque in the amount of Rs.3,65,000/- towards the repayment, but it was dishonoured on presentation. The Defendant has acknowledged liability. A compilation of the original documents has been placed on the record. The Defendant has been served with the writ of Summons and an affidavit of service has been filed which states that the service of the writ of Summons was not claimed. This shall be regarded as a valid service. The Defendant having failed to enter appearance despite service, the Plaintiff will be entitled to a decree under Order 37 Rule 2 (3) of the Code of Civil Procedure, 1908. The suit is accordingly decreed in terms of prayer clauses (a) and (b) with the modification that the Plaintiff will be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realisation. Refund of the Court fees, if any, as per the rules. .....