1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3304 OF 2008 Yashdeep Merchant ....Plaintiff. V/s. Jyoti Charanjit Singh Jassal & Anr. ....Defendants Mr. Mahesh Londhe i/b Sanjay Udeshi & Co for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 10TH AUGUST, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff. None appears for defendants. 2. Plaintiff has filed an affidavit of service. The writ of summons was served on defendants through Registered Post Acknowledgment Due (RPAD). Sheriff’s office received returned envelopes with the postal remarks as “intimated” on 19/01/2009, 21/01/2009 and 22/01/2009 and “Unclaimed, Return to sender” on 31/01/2009 in respect of the defendants. Sheriff has given a report that the defendants are duly served. Despite 2 service of writ of summons, no appearance has been filed by defendants within 10 days from the date of service. 3. Plaintiff has filed a summary suit for recovery of friendly loan given to Charanjit Singh Jassal. Defendant Nos. 1 and 2 are legal heirs of the said Charanjit Singh Jassal. The suit is based on the acknowledgment given by the said Charanjit Singh Jassal and it is also based on the cheque dated 17/10/2007 issued by the deceased in favour of the plaintiff. 4. The suit, therefore, will have to be decreed on account of non-appearance of defendants in spite of service of writ of summons. 5. The suit is, therefore, decreed in terms of prayer clause (a) of the Plaint with a modification that the plaintiff would be entitled to interest @ 18% instead of 24% as claimed by him in the said prayer clause. Refund of Court fees be paid as per rules. 6. Issuance of certified copy of the decree is expedited. (V.M. KANADE, J.) 3