- 1 - 7.ss.2168.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2168 OF 2010 Feroz Shaikh Abdul Rashid Shaikh ..Plaintiff -Versus- Shaikh Mohd. Rafi & Ors. ..Defendants .......... Ms.Papori Sarmah i/b M/s.Pandey & Co. for the Plaintiff. None for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 17TH AUGUST 2011. P.C. 1 The suit is filed to recover the amount lent and advanced by the plaintiff to the defendants as evidenced inter-alia by a memorandum of understanding dated 8th March 2006 and a further memorandum of understanding dated 27th March 2007. The cheques issued by the defendants towards the repayment were dishonoured. The defendants failed and neglected to reply the plaintiff’s advocates’ notice dated 11th February 2010 demanding payment. 2 The defendants have not filed any appearance. They are absent today though served. There is noting on record that militates against - 2 - 7.ss.2168.10 what is stated in the plaint. The documents tendered on behalf of the plaintiff are taken on record and marked ‘A’ collectively. 3 In the circumstances, the suit is decreed as prayed for. However any interest after the date of the suit shall be at 12% per annum and not at 18% per annum as claimed in the prayer read with Exhibit ‘K’ being the particulars of claim. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -