sanjay 1 s-2219.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 2219 OF 2010 Bell Finvest (India) Ltd. ... Plaintiff. V/s. 1. Hitesh Labhshankar Pandya. 2. Megha Hitesh Pandya. ... Defendants. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit is filed under order 37 of Code of Civil Procedure, 1908. 2. The Plaintiff had a granted business loan to the in the amount of Rs.4,80,000/- in the month of January 2010 to the Defendants. The Second Defendant stood guarantee for the loan. The First Defendant issued 12 post-dated cheques of Rs.40,000/- each. The first two cheques were cleared whereas the balance were dishonoured on presentation. The First Defendant had executed a sanjay 2 s-2219.10 promissory note dated 4 February 2010. The Second Defendant issued a cheque dated 10 June 2010 which was dishonoured on presentation. Despite an Advocate’s notice the monies have not been paid. 3. The Defendants have been served with a writ of summons, but have failed to enter appearance upon which the suit was listed for ex parte decree. The Plaintiff would be entitled to judgment in terms of the provisions of order 37 rule 6(a) of C.P.C. The Plaintiff has relied upon a compilation of original documents on the basis of which the claim is duly proved. The claim of the Plaintiff falls within the purview of order 37 and is within limitation. 4. The suit is accordingly decreed in terms of prayer clauses (i) to (iii) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. (D.Y.Chandrachud, J.)