1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 752 OF 2007 Niraj Aggarwal. .... Plaintiff. V/s. Anil Agarwal & Anr. .... Defendants. ....... Ms. Sapana Rachure i/b. T.N. Tripathi & Co. for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 26TH MARCH 2008. P.C. :- The suit under Order XXXVII of the Code of Civil Procedure, 1908 has been instituted for the recovery of monies due and payable together with interest under a Bill of Exchange. The Plaintiff advanced a sum of Rs.2 lakhs by a cheque dated 1st May 2004 drawn on the Canara Bank to the First Defendant. The First Defendant executed a Bill of Exchange dated 30th April 2004 in the said amount which was accepted by the Second Defendant. It has been averred that interest 2 was paid on the loan at the rate of 18% per annum until 22nd October 2005, after which, payment has not been made. An Advocate's notice was addressed on 14th September 2006. The Defendants have been served with the writ of summons but have failed to enter appearance. In terms of the provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure, 1908, the Plaintiff would be entitled to a decree as prayed upon the failure of the Defendants to enter appearance. A compilation of the original documents has been placed on the record. The claim arises under a written contract. The suit is within limitation. The suit shall accordingly stand decreed in the amount of Rs. 2 lakhs. The Plaintiff would be entitled to interest at the rate of 9% per annum on the aforesaid sum from 23rd October 2005 until the date of the institution of the suit and at the same rate thereafter, until payment or realization and to the costs of the suit. 3 There shall be a refund of Court fees, if any, as per rules.