1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1807 OF 2007 Pushpa Iyer. ...Plaintiff. Vs. Pranay Thakur. ...Defendant. .... Mr.Vipul Shukla for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 15, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908 is based on a dishonoured cheque in the amount of 1,50,000/-. The Plaintiff had paid an amount of Rs. 1.50 lakhs to the Defendant for securing allotment of a flat with the Maharashtra Housing and Area Development Authority. The flat was not allotted. A cheque furnished for the repayment of the amount has been dishonoured. The Defendant has not entered appearance despite service 2 of the writ of Summons. The Plaintiff has placed on the record an affidavit of service and a compilation of the original documents. Since the Defendant has failed to entered appearance despite service, the Plaintiff is entitled to a decree, under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The cheque was dishonoured on 17th October 2005 and the suit was instituted on 28th June 2007. The suit is within limitation. The suit is accordingly decreed in the sum of Rs. 1.50 lakhs on which the Plaintiff will be entitled to interest at the rate of 9% per annum from the date of the dishonour to the date of the suit and at the same rate from the date of the suit until payment or realisation. The Plaintiff is entitled to costs of the suit. Refund of Court fees, if any, as per rules. .....