1 ss2800-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa SUMMARY SUIT NO. 2800 OF 2009 Bharat B. Jain .. Plaintiff V/s. Devdas Devram Pikale .. Defendant .... Mr. Ramesh Jain for the plaintiff. .... CORAM : A. S. OKA, J. DATE : JANUARY 13, 2011. P.C. Noting of the registry shows that writ of summons has been duly served and the defendant has not entered appearance. The suit is based on a dishonoured cheque. The original dishonoured cheque alongwith the cheque return memorandum as well as an office copy of the demand notice is produced on record. 2. In view of Sub Rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiff is entitled to ex-parte decree against the defendant. The further interest as claimed at the rate of 18% per annum. Considering the facts and circumstances of 2 ss2800-09 the case, further interest deserves to be fixed at the rate of 9% per annum. 3. Hence, the suit is decreed with the modification that further interest at the rate of 9 % will be payable on the principal amount of Rs.76,997.26ps. from the date of filing of the suit. 4. The plaintiff is entitled to court fees as per Rules. JUDGE