( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1359 OF 2001 SUMMARY SUIT NO.1359 OF 2001 SUMMARY SUIT NO.1359 OF 2001 WITH WITH WITH CHAMBER ORDER (L.) NO.334 OF 2001 CHAMBER ORDER (L.) NO.334 OF 2001 CHAMBER ORDER (L.) NO.334 OF 2001 Bhupatbhai K. Koticha ...Plaintiff V/s. Aminex Rasayan & Anr. ...Defendants Mr.P.S. Gidwani for the Plaintiff. None for the Defendants. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 4th December, 2008. DATED : 4th December, 2008. DATED : 4th December, 2008. P.C.: P.C.: P.C.: . Mr.P.S. Gidwani for the Plaintiff. None for the Defendants. 2. Perused the plaint. Perused the xerox copy of the non-deposit certificate and the original document namely Bill of Exchange dated 31st March, 1998. Heard the learned Counsel for the Plaintiff. ( 2 ) 3. The present Suit is on the basis of Bill of Exchange dated 31st March, 1998 for Rs.73,850/- executed in favour of the Plaintiff by Defendant No.1 and accepted by Director of Defendant No.2. The Bill of Exchange has been dishonoured as set out in the plaint and that no payment has been received by the Plaintiff in terms of notice dated 17th January, 1999. The Suit is filed on 30th March, 2001. Plaintiff has prayed for Rs.73,850/- being the principal amount, Rs.38,650/- being the amount of interest from 1st April, 1998 till the filing of the Suit @ 18% p.a. The Plaintiff has prayed for interest at the same rate from the date of the filing of the Suit till realization. 4. In my view, the Plaintiff’s claim set out in the plaint at particulars of plaint at Exhibit "C" can be granted to the extent of Rs.1,12,500/- so far as the question of interest is concerned after institution of the Suit in view of the provisions of Section 34 of the Code of Civil Procedure, I am inclined to grant interest @ 10% p.a. Plaintiff of course would be entitled to costs of the Suit. In view of the aforesaid observations, I pass the following decree :- ( 3 ) "(1). Defendants do pay to the Plaintiff Rs.1,12,500/-. (2). Defendants do pay to the Plaintiff interest @ 10% p.a. from the date of the filing of the Suit till realization on Rs.73,850/-. (3). Defendants do pay to the Plaintiff costs of the Suit. (4). Refund of Court fees is granted as per the rules." (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)