1 ss2979-04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. rpa SUMMARY SUIT NO. 2979 OF 2004 Monappa Annu Devadiga .. Plaintiff V/s. K. Sanjiva Moily .. Defendant .... Ms. N. S. Moily for the plaintiff. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 3, 2011. P.C. The suit is shown under the caption “For Ex-parte Decree”. It is pointed out that writ of summons has been served to the defendant, but, defendant has not entered appearance within the time stipulated by law. 2. The plaintiff has placed on record the original documents including the memorandum of understanding, demand promissory note and the cheques issued by the defendant which were dishonoured. 3. In view of the original documents and in view of the 2 ss2979-04 provisions of Sub Rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, a case is made out for passing a decree. The plaintiff has prayed for further interest at the rate of 24% per annum from the date of filing of the suit till its realization. Considering the facts of the case, further interest at the rate of 18% per annum will be just and proper. 4. Hence, the suit stands decreed in terms of prayer clauses (a) and (b) with modification that further interest will be payable at the rate of 18% per annum instead of 24% per annum. 5. Plaintiff will entitled to refund of Court fees as per Rules. 6. Chamber order stands disposed of. JUDGE