1 sj351-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa SUMMONS FOR JUDGMENT NO. 351 OF 2009 IN SUMMARY SUIT NO. 3226 OF 2008 Advance Scientific Equipments Pvt.Ltd. .. Plaintiffs. V/s. Dattatrya R. Shewade .. Defendant .... Mr. Devang H. Shah for the plaintiffs. None for the Defendants. .... CORAM : A. S. OKA, J. DATE : JANUARY 13, 2011. P.C. The learned counsel appearing for the plaintiffs states that affidavit of service of summons for judgment has been already filed on record. He further states that affidavit in reply has not been filed to the summons for judgment. He has tendered on record the original documents. Compilation of original documents is taken on record. 2. The plaintiffs are relying upon document of undertaking dated 5th January, 2007 signed by the defendants by which he has 2 sj351-09 recorded that he has received a loan of Rs. 65,000/- from the plaintiffs. He agreed to repay the loan and a cheque in the sum of Rs. 65,000/- has been issued by the defendant. The cheque was dishonoured. The undertaking of the defendant, dishonoured cheque and memorandum of dishonour as well as office copy of the demand notice is placed on record. 3. In view of clause (a) of Sub Rule 6 of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the plaintiffs will be entitled to judgment. Further interest is claimed at the rate of 18% per annum. But, there is no specific provision regarding the interest in the undertaking. Hence, further interest is granted at the rate of 6% per annum. 4. The Summons for judgment is made absolute, and suit stand decreed as prayed subject to modification that the further interest will be payable on the principal amount at the rate of 6% per annum from the date of the suit. The plaintiffs will be entitled to refund of court fees as per Rules. JUDGE