1 ss4456-01.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summary Suit No.4456 of 2001 Mrs.V.K.Agarwal , HUF .. Plaintiff s v/s. Abbas Shipbreaking & Salvage Ltd ..Defendant Mrs.Evon Geyer holding for D. D’Mellofor the Plaintiff. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 19th July, 2010 P.C. : 1. The present suit is filed for recovery of Rs.1 lakh on the strength of bill of exchange dated 18.1.1999 and the interest thereon as set out in the particulars of claim. 2. The plaintiffs had taken out Summons for Judgement No.1024 of 2002. The said summons for judgment was decided by order dated 30.8.2004 and the defendants were directed to deposit in this court sum of Rs.25,000/- within a period of six weeks from the said date to defend the suit. The defendants have not deposited the said amount. Plaintiffs have produced the no deposit certificate dated 19.10.2006. 2 ss4456-01.sxw 3. Counsel for the plaintiffs prays that in view of the provisions of Order 37 Rule 3(vi)(b) the plaintiffs are entitled to decree as prayed for. Submission advanced by the learned Counsel for the plaintiffs is correct. Plaintiffs are entitled to decree to the tune of Rs.1,00,000/- being the principal amount. So far as the interest is concerned, interest is charged at the rate of 15% per annum and is claimed from 16.9.1999 upto the date of filing of the suit to the tune of Rs.31,849/- and thereafter till realization. In view of the above, case of the plaintiff is required to be accepted and the decree will have to be passed against the defendants. Hence the following decree is passed. ORDER i) Defendants jointly or severally do pay to plaintiffs Rs.1,31,849/- ii) Defendants jointly or severally do pay to plaintiffs interest at the rate of 15% per annum on Rs.1,31,849/- from the date of filing of the suit till realization. Iii) Defendants jointly or severally do pay to plaintiffs costs of this suit. [R.Y.GANOO, J.]