1 29.ss.1221-04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 1221 OF 2004. Bhavanji Shivji Gala, Business at Jitendra Grain Stores, Azad Road, Gundivali, Gauthan, Andheri (East), Mumbai-400 069. ..Plaintiff. vs. 1. Sanjay Tansukhrai Vadodariya. And 2. Tansukhrai Mulakchand Vadodariya, Business at Nilesh Masala Stores, Shop No.2, Near Hanuman Temple Service Road, Opp. Bus Stop No.344, Andheri (East), Mumbai-400 069, and both residing at ½, Govind Seth Chawl, Andheri Kurla Road, Andheri (East), Mumbai-400 093. ..Defendants. .... Mr. Prakash R. Hegde, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 17TH NOVEMBER 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendants have not entered their appearances in spite of service of writ of summons. The Affidavit proving service dated 24th August 2005 is placed on record. The original documents are placed on record. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code 2 29.ss.1221-04 of Civil Procedure, 1908, case is made out for passing the decree. 3. Hence, I pass the following order : (i) The Defendants are ordered and decreed to jointly and severally pay to the Plaintiff a sum of Rs.4,49,000/- with interest @ 12% from the date of filing of the Suit till payment and/or realisation. (ii) The Defendants shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]