IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.22 OF 2008 Nitesh H. Jain .. Plaintiff Vs. Kishore Bhagwan Kamble .. Defendant Mr.Sunil Kanojia i/by Kiran Jain & Co for the plaintiff. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . The learned counsel appearing for the plaintiff states that summons under sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendant and affidavit of service has been filed. Statement is accepted. The praecipe filed by the advocate for plaintiff on 20th August 2008 records that the writ of summons and a true copy of plaint was posted through the office of the Sheriff to the defendant and acknowledgment card signed by the defendant has been received by the office of Sheriff on 26th February 2008. It is stated that the defendant has not entered his appearance as required by sub-rule 3 of Rule 2 of Order XXXVII of the said Code. 2 2. Accordingly, the suit is listed under the caption of "For exparte decree". 3. The plaintiff is carrying on business of money lending and is holding a valid money lending licence. According to the case of the plaintiff on 23rd July 2007 the defendant executed and handed over a demand promissory note in favour of the plaintiff for the valuable consideration received by him being a sum of Rs.01,50,000/- in cash. The defendant agreed to repay the amount with interest thereon at the rate of 21% per annum. As the defendant did not pay the amount, a demand notice was issued on 13th October 2008 by the plaintiff. He stated that though the notice was duly served, the defendant did not make compliance. 4. The plaintiff has filed on record the original demand promissory note executed by the defendant, an office copy of legal notice dated 13th October 2007 and postal acknowledgment of the said notice. He has also placed on record a true copy of money lending licence which was valid for the period between 01st August 2006 to 31st July 2007. 5. In the circumstances, a case is made out for 3 passing a decree. Considering the facts and circumstances of the case, interest deserves to be awarded at the rate of 12% per annum. 6. Hence, I pass the following order: (i) The suit is decreed in terms of prayer clause (a) subject to modification that interest shall be payable on sum of Rs.01,50,000/- at the rate of 12% per annum from the date of filing of the suit till payment or realisation of the said amount. (ii) The plaintiff will be entitled to refund of court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)