1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1556 OF 2003 Indiacom Ltd. ...Plaintiffs vs. M/s.Eltec Corporation & Ors. ...Defendants Ms Deepali Kavi for the plaintiffs None for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 9, 2009 P.C : 1 Heard the learned counsel for the plaintiff. The order dated 29 th September 2009, discloses that the affidavit of service dated 29 th June 2009 has been filed stating therein that the defendants have been served with writ of summons under sub rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure,1908. It appears that the defendants have not filed their appearance within the time stipulated by law. The plaintiffs seek a decree under sub rule 3 of rule 2 of Order XXXVII of the said Code. The plaintiff has filed an affidavit of examination in chief of Mr.R.U.Shenoy, its Company Secretary. The plaintiffs have placed on record true copies of documents. In view of the affidavit and in view of provisions of sub rule 3 of rule 2 Order XXXVII of the said Code of 1908, the plaintiffs are entitled to a decree. 2 2 Further interest is claimed by the plaintiffs at the rate of 18% per annum. Considering the facts and circumstances of the case, further interest deserves to be fixed at the rate of 12% per annum. 3 Hence, I pass the following order: i) The suit is decreed in terms of prayer clause (a) with modification that further interest at the rate of 12% shall be payable on the principal amount as prayed. ii)Plaintiffs are entitled to refund of court fees as per the rules. JUDGE