sanjay 1 s-1823.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1823 OF 2010 Bell Finvest (India) Ltd. ... Plaintiff. V/s. Mr.Shailesh Suresh Gawli. ... Defendant. Rupesh D. Sohoni for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The Plaintiff which is a non-banking finance company has filed a suit under order 37 of Code of Civil Procedure, 1908 based on two promissory notes executed by the Defendant for consideration and on dishonour of cheques. 2. The Plaintiff granted a loan to the Defendant in the amount of Rs.3,40,000/- which was duly availed of. The Defendant, initially, executed a promissory note dated 13 July 2007 in the amount of Rs.2,20,000/- which was disbursed in cash. The rest of the amount was disbursed sanjay 2 s-1823.10 by way of cheque for which a second promissory note was executed in the amount of Rs.1,20,000/-. The Defendant issued 17 post-dated cheques which, upon presentation, were returned for want of funds. Despite a notice of demand dated 6 May 2010 the Defendant has failed and neglected to pay the amount of loan. The claim falls within order 37 and is within limitation. 3. The Defendant has been served with a writ of summons, but has failed to enter appearance upon which the suit was listed for ex parte decree. The Plaintiff would be entitled to judgment in terms of the provisions of order 37 rule 6(a) of C.P.C. The Plaintiff has relied upon a compilation of original documents on the basis of which the claim is duly proved. The suit is accordingly decreed in terms of prayer clauses (i) and (ii) with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. (D.Y.Chandrachud, J.)