1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3404 OF 2008 Savita Ambalal Jain ....Plaintiff Versus Prabhakar M. Kamble & Anr. ....Defendants Mr. Ramesh Jain, Advocate for the Plaintiff. None for the Defendants. CORAM : R. V. MORE, J. DATE : 24th FEBRUARY, 2010. P.C. : The above suit is filed by the Plaintiff under the provisions of Order 37 Rule 2 of the Code of Civil Procedure, 1908 for recovery of an amount due under Bill of Exchange dated 7th April, 2006. Despite a notice of demand dated 22nd July, 2008, the amount due has not been paid. 2. The Defendants are duly served with writ of summons alongwith true copy of the plaint and affidavit of service to that effect is also filed. Despite that, the Defendants have failed to enter appearance in the suit. 3. The Plaintiff has filed compilation of original documents i.e. Bill of Exchange dated 7th April, 2006 and notice dated 22nd July, 2008. The original documents supports the Plaintiff's case. Since the Bill of Exchange was 2 executed at Mumbai, the suit is rightly filed in this Court and same is within the period of limitation. 4. The Defendants having failed to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2 (3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in principal sum of Rs. 2,00,000/- upon which the Plaintiff would be entitled to interest at the rate of 12% p.a. from the date of filing of the suit till realisation thereof. 5. Court fees to be refunded as per the Rules. Sd/- (R. V. MORE, J.)