: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.411 OF 1999 WITH SUMMARY SUIT NO.5286 OF 1998 K.C. Nevatia & Ors. ....Plaintiffs V/s. Surinder Chawla & Anr. ....Defendants Mr.Sidharth Murarka i/b Mr.S.K. Jain for the Plaintiffs. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JULY, 2008. P.C. : 1. The suit is filed to recover a sum of Rs.1,23,244/- with interest on Rs.90,682/- at 18% p.a. The original Plaintiff having expired, her heirs were brought on record. 2. The Plaintiff’s case is that the original Plaintiff had lent and advanced to Defendant No.1 sum of Rs.50,000/- by cheque. In respect thereof, Defendant No.1 executed the bill of exchange which was accepted by Defendant No.2. Subsequently a further loan of Rs.50,000/- was lent and advanced in respect whereof also a bill of exchange was drawn by Defendant No.1 and accepted by Defendant No.2. Part payments have been made for which the credit have been given. : 2 : 3. The bills of exchange were dishonoured. In the circumstances, the present suit has been filed. 4. An ex-parte decree dated was passed on 23.2.2001. The same was however, set-aside by an order dated 1.4.2003 in Notice of Motion No.700 of 2001 subject to Defendant No.1 depositing the decretal amount within four weeks. Pursuant thereto, an amount of Rs.1,23,000/- was deposited. However, further interest upto the date of deposit was not made. In any event there is no written statement. There is nothing n record which militates against the Plaintiff’s claim in suit. This is a fit case to accept the averments in the plaint. 5. In the circumstances, the suit is decreed as prayed. The Plaintiff shall be entitled to withdraw the amounts upon the expiry of the period of limitation for filing the Appeal. 6. Refund as per rules. . For the purpose of the court fees, the Prothonotary and Senior Master to act on an ordinary copy of this order duly authenticated by the Associate/Private Secretary of this Court.