ssm 1 52.ss.1876.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1876 OF 2006 Bank of India, a Banking Company ] incorporated under the Banking Companies ] (Acquisition & Transfer of Undertaking), ] Act, V of 1970 having their Head Office at ] “STAR HOUSE” C-5. 'G' Block, Bandra ] Kurla Complex, Bandra (E), ] Mumbai – 400 051, and its Card Product ] Department, at Bank of India Bldg., ] 4 th Floor, 70-80, M.G. Road, Fort, ] Mumbai – 400 023. ] ....Plaintiff. Versus P. V. Shanmuganathan ] Age-Adult, Resident of 170-69 ] Kamarajpuram near Srilaxmi Tourist Home ] Coonoor Nilgiri District 643 1010 ] and working for gain at Avin Milk Parlour, ] Bedford Circle Coonoor, ] Nilgiri District 643 101 ] ....Defendant. ____________ Trupti Khudtarkar i/b M. U. Patange for the Plaintiff. ssm 2 52.ss.1876.09 None for the Defendant. CORAM: S. J. KATHAWALLA, J. DATED : 18 TH APRIL, 2011. JUDGMENT: Heard learned Advocate appearing for the Plaintiff. The suit is placed under the caption ‘For Ex-Parte Decree’. The Defendants have not entered their appearances in spite of service of writ of summons. The original documents are placed on record. 2. By an order dated 8 th March, 2011, office was directed to issue notice to the Defendant informing the Defendant that the suit is placed for Ex-Parte Decree before this Court on 18 th April, 2011 i.e. today and if the Defendant by himself or through his Advocate/s fails to appear before the Court on 18 th April, 2011 or any other day when the suit is called out, this Court shall proceed to pass appropriate orders in absence of the Defendant. Accordingly, office has issued notice at the residential address as well as at the office address of the Defendant. Both the packets have come back. The packet forwarded to the residential address of the Defendant is returned with the remark "left without instructions. Hence return to sender". The packet sought to be served at the office address of the Defendant is returned with the remark "no such addresses at Bedford. Hence, return to sender." ssm 3 52.ss.1876.09 3. In view of Sub-Rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. However, further interest from the date of filing the suit until payment and/or realisation is fixed on 18% per annum (simple interest). 4. The suit is, accordingly, decreed in terms of prayer clause (a) with modification that further interest will be payable as stated in paragraph 3 of this order. 5. The Plaintiffs shall be entitled to refund of Court fees, if any, as per rules. (S. J. KATHAWALLA, J.)