1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2081 OF 2007 Ishwardas Devidas Sanghani (HUF). ...Plaintiff. Vs. M/s.Jaswantlal Kantilal (Ankleshwar) Pvt. Ltd. ...Defendant. .... Ms.Nisha Parmar i/b. Tushar Goradia and Bhavik P. Manek for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The Plaintiff has instituted a suit under Order 37 of the Code of Civil Procedure, 1908, for the recovery of the amount due and payable under a cheque which has been dishonoured. On 19th November 2001 the Plaintiff advanced an amount of Rs.1.25 lakhs to the Defendant. A Bill of Exchange of the same date was drawn by the Defendant and accepted by M/s.Spherehot 2 Distributors Pvt. Ltd. The Bill of Exchange was renewed from time to time, lastly on 29th March 2004. On 27th June 2004, the Defendant issued two cheques in the total amount of Rs.1,30,625/- which were dishonoured upon presentation for insufficiency of funds. Despite an Advocate's notice, the amount due and outstanding has not been paid. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the sum of 3 Rs.1,30,625/- upon which the Plaintiff would be entitled to interest at the rate of 12% per annum from the date of dishonour of the cheque (11th December 2004) until the date of the institution of the suit (22nd June 2007) and at the same rate from the date of the suit, until payment or realization. The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....