IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2121 OF 2008 M/s.Otarmal Kantilal & Co .. Plaintiffs Versus P.Vijayan son of P.Gangadhara Menon & Anr. .. Defendants Ms Nisha Parmar & Tushar Goradia for the plaintiffs. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . Heard the learned counsel appearing for the plaintiffs. The office noting shows that the writ of summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendants and affidavit of service has been filed. It is stated that the defendants have not entered appearance within the time stipulated by law. The original documents are placed on record. 2. In view of averments made in the plaint and original documents placed on record, the plaintiffs is entitled to a decree in view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. Considering the facts and circumstances of the case, 2 further interest on principal amount will have to be granted at the rate of 12% per annum. 3. Hence, I pass the following order: (i) The suit is decreed as prayed with modification that further interest will be payable at the rate of 12% per annum. (ii) The plaintiffs will be entitled to refund of Court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)