kbp 1 1713-03.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1713 OF 2003 Rakesh Ramesh Mehta ..Plaintiff Vs. Vijay Pravin Kachalia ..Defendant ......... Miss.Deepti B. Mistry i/b.Divyakant Mehta & Associates, for plaintiff. ......... CORAM : A.S.OKA, J.. DATE : 9 th December, 2009. P.C. : 1] Heard learned counsel for the plaintiff. The order dated 30 th September, 2009 notes that by earlier order dated 20 th July, 2005, a conditional leave was granted to the defendant to defend the suit subject to deposit of certain amount. Learned counsel for the plaintiff states that the amount has not been deposited within the time stipulated under the said order. The statement is accepted. 2] Learned counsel for the plaintiff has tendered on record the original documents viz, a demand promissory note in the sum of Rs.85,000/- executed by the defendant in favour of the plaintiff and other material documents including an office copy of demand notice and acknowledgment of the said notice. A copy of reply is also placed on record. The original Bank pass book of the plaintiff is placed on record. There is no contest. kbp 2 1713-03.sxw 3] Hence, the plaintiff is entitled to a decree. The plaintiff has prayed for further interest at the rate of 15% per annum. Considering facts and circumstances of the case, interest deserves to be granted at the rate of 9% per annum. 4] Hence, I pass the following order: (a) The suit stands decreed in terms of prayer clauses (a) and (b) with modification that the interest shall be paid at the rate of 9% per annum on principal amount of Rs.85,000/- from the date of institution of the suit till the realisation or payment of the amount. (b) The plaintiff shall be entitled to the refund of court fees as per the rules. ( A.S.OKA, J. )