1 48 ss.1817.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1817 OF 2009 Desai & Chinoy. ... Plaintiff Vs. Elbee Express Pvt. Limited. ... Defendant ----- Mr.Farahan Dubash with Chhaya Asher i/b Rustamji and Ginwala for the Plaintiffs. None for the Defendants. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. JUDGMENT: 1 The suit is shown under the caption “for ex-parte decree”. As per the noting of the Registry, writ of summons has been served and the Defendants have not entered appearance within the period stipulated by law. The suit is for recovery of the amount payable under the unpaid bills. The original documents are tendered on record. 2 After having perused the said documents and averments 2 48 ss.1817.09 made in the paint, in view of sub-Rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a decree. Interest is claimed at the rate of 15% per annum. The suit is filed for recovery of legal fees payable to the Plaintiffs under the bills issued to the Defendants. Considering this aspect, interest will have to be granted at the rate of 6% per annum. 3 Accordingly, suit stands decreed as prayed in terms of prayer clauses (i) and (ii) with modification that interest will be payable at the rate of 6% per annum on the principal amount from the date of filing of the suit till realization or deposit. 4 Plaintiffs will be entitled to refund of Court-fees as per the rules. [ A.S.OKA, J ]