1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2640 OF 2008 Kamlesh J. Jain ..... Plaintiff. V/s Shashikant S. Waghmare & Anr. .....Defendants. Mr. Ramesh Jain for plaintiff. None for defendants. CORAM: V.M. KANADE, J. DATE : 12TH AUGUST, 2009 P.C.: 1. Plaintiff has filed affidavit of service. In spite of service of writ of summons, defendants have not filed their appearance within 10 days from the date of service of writ of summons. Plaintiff has also filed original documents viz original bill of exchange dated 20/4/2006 and the advocate’s letter dated 2/4/2008. 2. Plaintiff has filed this suit on the basis of demand bill of exchange. Defendants issued bill of exchange after having received Rs 3 lacs from plaintiff. Defendants failed and neglected to pay the said amount after it had become due and 2 payable. Plaintiff, therefore, issued advocate’s letter dated 2/4/2008. Though the said letter was received by defendants, no reply was given and, under the circumstances, plaintiff has filed this suit. 3. Defendants have not filed their appearance within 10 days after service of writ of summons and the plaintiff is, therefore, entitled to judgment and decree. 4. Suit is accordingly decreed in favour of plaintiff against defendants and they are directed to pay an amount of Rs 4,07,704.10 paise with further interest on Rs 3,00,000/- @ 15% per annum from the date of filing of the suit till payment and/or realization and costs of the suit. 5. Refund of the court fees be paid in accordance with rules. (V.M. KANADE, J.)