kbp 1 1959-03.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1959 OF 2003 Century Plyboards (I) Ltd. ..Plaintiff Vs. Vinod Jangid ..Defendant ......... Mr.Vikas Warekar i/b.M/s.Warekar & Warekar, for plaintiff. ......... CORAM : A.S.OKA, J.. DATE : 25th November, 2009. P.C. : 1] The suit is shown under the caption “for ex-parte decree”. The summons under Sub-Rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as “the said Code”) has been served to the defendant. The defendant has not entered the appearance within the time stipulated by law. The suit is filed for recovery of the price of the goods sold and delivered by the plaintiff to the defendant. Reliance is placed on bills and delivery challans. Reliance is also placed on the cheques issued by the defendant in the sum of Rs.17,162/- and Rs.20,000/- respectively on 4 th September, 2002 which were dishonoured. 2] The plaintiff has placed on record a compilation of the original documents. In view of the averments made in the plaint and the said documents, and in the kbp 2 1959-03.sxw light of the Sub-Rule 3 of the Rule 2 of Order XXXVII of the said Code, the plaintiff is entitled to a decree. The further interest is claimed at the rate of 18% per annum. Considering the facts and circumstances of the case, the interest will be at the rate of 12% per annum. 3] Hence, I pass the following order:- (a) The suit stands decreed in terms of prayer clauses (a) and (b) with modification that the further interest shall be payable at the rate of 12% per annum instead of 18% per annum as prayed in the prayer clause (a). (b) The plaintiff will be entitled to refund of the court fees as per the rules. ( A.S.OKA, J. )