1 ss382-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. rpa SUMMARY SUIT NO. 382 OF 2010 Mrs. Neelam S. Kirtikar .. Plaintiff V/s. Mr. Shabbir A. Mutabanna .. Defendants .... Mr. M.K.Jain for the plaintiff. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 3, 2011. P.C. Suit is shown under the caption “For Ex-parte Decree”. After service of writ of summons, the defendants have not entered appearance. The plaintiffs has filed on record the dishonoured cheques alongwith memorandum of dishonour and other original documents. In view of the original documents and in view of the provisions of Sub Rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiff is entitled to decree. Considering the facts of the case, further interest will have to be granted at the rate of 12% per annum. 2 ss382-10 2. Suit stands decreed in terms of prayer clause (a) with modification that further interest will be payable at the rate of 12% per annum on the amount of Rs. 6,80,000/- from the date of filing of the suit till its realization or payment of the amount. 3. Plaintiff is entitled to refund of Court fees as per Rules. JUDGE