1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3125 OF 2005 Kalpana Chandrakant Parikh ....Plaintiff. V/s Nestler Ltd & Anr. ..... Defendants. Mr. C.A. Shukla i/b B.S. Chandnani for plaintiff. None for defendants. CORAM: V.M. KANADE, J. DATE : 30 th September, 2009 P.C.: 1. Plaintiff has filed an affidavit of service. None appears on behalf of defendants though they are served with writ of summons. 2. Plaintiff has filed original documents viz original bill of exchange dated 29/5/2005 for an amount of Rs 1,00,000/-, original bill of exchange dated 26/11/2001 in the sum of Rs 50,000/-. Though a writ of summons was served, defendants have not filed their appearance within 10 days from the date of service of writ of summons. Plaintiff, therefore, is entitled to 2 judgment and decree in view of the provisions of Order XXXVII Rule 2 sub-clause (3) of the Civil Procedure Code, 1908. 3. Suit is accordingly decreed and defendants are directed to pay a sum of Rs 2, 27,195/- to plaintiff along with further interest on the principal amount of Rs 1,49,750/- @ 18% per annum from the date of filing of the suit till realization of the said amount along with costs of the suit. 4. Suit is accordingly disposed of. Refund of Court Fees be paid in accordance with rules. 5. Certified copy expedited. (V.M. KANADE, J.)