IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1626 OF 2008. Mitesh Jain. ..Plaintiff. versus Sunita Wd/o Subhash Raheja & Anr. ..Defendants. .... Mr. Tushar Goradia & Nisha Parmar, for the Plaintiff. .... CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 18th October 2008. : 18th October 2008. : 18th October 2008. P.C.: 1. The plaintiff has filed this suit under Order XXXVII of the Code of Civil Procedure, 1908 for a decree in the sum of Rs.17,04,904.11 with interest at the rate of 18% per annum on sum of Rs. 15,00,000/- from the date of institution of the suit till the realisation. According to the case of the plaintiff, the first and the second defendants are the widow and son respectively of one Subhash L. Raheja (since deceased). The defendants in the suit have been impleaded in their capacity as the legal representatives of the deceased Subhash L. Raheja. The case of the plaintiff is that on the request made by the said deceased, the plaintiff 2 extended financial assistance of the amount aggregating to Rs.15,00,000/- to the deceased. He executed the promissory notes on 20th May 2006, 1st June 2006, 20th June 2006 of Rs.5,00,000/- each in favour of the plaintiff. The deceased had issued three post-dated cheques in favour of the plaintiff in the sum of Rs.5,00,000/- each. The said cheques were dishonoured. The deceased expired on 21st June 2007. Thereafter, after issuing Advocate’s notice dated 18th December 2007, present suit has been filed. 2. It is stated that the writ of summons issued under Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendants and they have not entered their appearance within the time stipulated by law. The plaintiffs have produced on record the original promissory notes executed by the deceased, the dishonoured cheques and the intimations of the dishonour. The plaintiffs have also produced an office copy of the demand notice. 3. A case is made out for passing a decree against the defendants. However, as the defendants have been 3 impleaded in their capacity as the legal representatives of the deceased, the liability of the defendants will be restricted to the estate of the deceased coming to their hands. Considering the facts and circumstances of the case, the interest deserves to be fixed at the rate of 12% per annum. 4. Hence, I pass the following order :- (1) The suit is decreed as prayed with modification that the liability of the defendants will be only to the extent of the estate of the deceased received by them and the rate of interest will be 12% per annum instead of 18% per annum. (2) the Plaintiffs are entitled to refund the court fees as per the rules. (3) Certified copy is expedited. (A.S.Oka,J)