IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.108 of 2001. SUMMARY SUIT NO.108 of 2001. SUMMARY SUIT NO.108 of 2001. Shri D.V.Joglekar res. at Bhageshwar Bhuvan, 4th floor, Near Paradise Cinema, Mahim, Mumbai 400 016 ..Plaintiff versus Shri Vindyachal Singh res. Maraban Estate, 10 Balgovind Wadi, B.B.Kear Road, Mahim, Mumbai 400 016 ..Defendant Mrs.Seema Sarnaiak for the plaintiff. None for the defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 2 February, 2009. DATED : 2 February, 2009. DATED : 2 February, 2009. P.C. 1. Suit is filed for recovery of Rs.50,000/- and future interest from the date of filing of the suit till realisation. The present suit is filed on the basis of dishonoured cheque dated 14.11.1997 for a sum of Rs.50,000/- which came to be dishonoured and the memo of dishonour is dated 16.1.1998. The suit is filed on 14.11.2000. It is filed within the period of limitation. 2. The defendant was granted unconditional -2- leave to defend. However, no written statement is filed. Hence the suit was taken up for ex-parte decree. 3. I have heard learned Counsel Ms. Sarnaik on behalf of the plaintiff and perused the evidence affidavit and the original documents such as cheque, dishonour memo etc. 4. As the averments in the plaint have gone unchallenged and as the plaintiff has produced necessary documents, the plaintiff has made out a case for the decree. Since no specific interest was agreed to be paid by the defendant to the plaintiff and since the suit is on the basis of dishonour of negotiable instrument, the plaintiff is entitled to interest at the rate of 18% per annum from the date of filing of the suit till realisation. Plaintiff is also entitled to costs. Hence I pass the following order. ORDER . Suit is decreed in terms of prayer clauses (a), (b) and (c). -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)