1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.557 OF 2007 P.D. Lalwani ..Plaintiff. Vs. Harbanslal Aggarwal and others ..Defendants. ..... Ms. K.S. Lalwani for the Plaintiff. None for the Defendants. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 19th March, 2008. P.C. : 1. The suit has been instituted under Order 37 for the recovery of an amount of Rs.2 lacs due under a demand bill of exchange executed by the First Defendant for consideration in favour of the Plaintiff. The bill of exchange was accepted by the Second Defendant and it was averred that the Defendants of their own accord paid interest upto 5th October, 2006. It has further been averred that the Plaintiff presented the bill of exchange on 6th October, 2006 to the Defendants upon which the First Defendant handed over a cheque in the amount of Rs.2 lacs. Upon 2 presentation, the cheque was dishonoured. An advocate's notice was addressed on 9th January, 2007 to which there was no reply. 2. The Defendants have been served with the writ of summons and have failed to enter appearance. The suit has accordingly been listed for an ex-parte decree. The claim of the Plaintiff falls within the purview of Order 37 of the Code of Civil Procedure, 1908 and is within limitation. Since the Defendants have failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied upon a compilation of the original documents on the basis of which the claim is proved. The suit shall accordingly stand decreed in the sum of Rs.2,00,000/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the due date until payment or realization. The Plaintiff is entitled to the costs of the suit. *****