1 ss3087-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa SUMMARY SUIT NO. 3087 OF 2009 M/s. Otarmal Kantilal & Co. .. Plaintiffs. V/s. Nareshkumar C. Rathod & Anr. .. Defendants .... Ms. Nisha Parmar for the plaintiffs. None for the defendants. .... CORAM : A. S. OKA, J. DATE : JANUARY 13, 2011. P.C. The suit is shown under the caption “For Ex-parte Decree”. The suit is based on Bill of Exchange which has been drawn by first defendant for valuable consideration of sum of Rs.1 lakh received from the plaintiffs directing thereby the second defendant to pay to the plaintiff a sum of Rs.1 lakh on demand. The second defendant accepted the Bill of Exchange which was later on dishonoured by non payment. The original Bill of Exchange, and office copy of the notice of demand are placed on record. 2 ss3087-09 2. In view of Sub Rule 3 of Rule 2 of Order 37 of the Code of Civil Procedure, 1908 the plaintiffs are entitled to decree. Further interest deserved to be fixed at the rate of 10% per annum. Order accordingly. 3. Plaintiffs will be entitled to refund of court fee as per Rules. JUDGE