1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 292 OF 2007 Rajesh Asalraj Jain ...Plaintiff vs. Avinash Pandurang Tanksale ...Defendant Mr.Ramesh Jain for the Plaintiff. None for the Defendant. CORAM : V.M. KANADE, J. DATED : JANUARY 14, 2010 P.C. :- 1 Heard Counsel for the plaintiff. In spite of service of writ of summons on the defendant, no appearance has been filed by the defendant within ten days of service of writ of summons. The plaintiff, therefore, is entitled for a judgment and decree in view of provisions of Order XXXVII Rule 2 Sub-clause 3 of the CPC. The plaintiff has filed list of original documents and affidavit of service. 2 2 The plaintiff has filed the suit for recovery of Rs.1,45,802.98ps with interest. The plaintiff s case is that the plaintiff had given loan to the defendant and agreement was executed between the parties. The defendant, however, failed to pay the instalments though part payment of Rs. 11,000/- was made by the defendant. The plaintiff, therefore, of the defendant of not repaying the said amount has filed the suit. By way of written contract between the parties dated 31st December, 2002, last payment was made by the defendant on 30th December, 2003. Suit is, therefore, filed on 22nd December, 2006 and it is filed within limitation. The plaintiff has filed list of original documents which is taken on record. The plaintiff, under the circumstances, is entitled for a judgment and decree under Order XXXVII Rule 2 Sub-Clause 3 of the Code of Civil Procedure. The suit of the plaintiff, accordingly, decreed. 3 The defendant is directed to pay Rs. 3 1,45,802.98ps with interest at the rate of 12% per annum on Rs.40,564/- till payment and/or realization along with costs of the suit. Refund of Court fees be paid in accordance with Rules. 4 Certified copy expedited. (V.M. KANADE, J.)