IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1765 OF 2008 Dodia Electricals .. Plaintiff Versus Kaypee Enterprises & Anr. .. Defendants Mr.Ramesh Jain and Mrs.Kusum Jain for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 08th December 2008. : 08th December 2008. : 08th December 2008. P.C.: . The office noting shows that the summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendants. It is stated that the defendants have not entered appearance. The original documents on which reliance is placed in plaint are placed on record. 2. As the averments made in the plaint have gone unchallenged, the plaintiff will be entitled to a decree in view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. 3. Further interest is claimed at the rate of 24% 2 per annum on the basis of clause in the invoice requiring payment of interest at the rate of 2% per month on the unpaid amount. Considering the facts and circumstances of the case, further interest will have to be granted at the rate of 18% per annum. 4. Hence, I pass the following order: (i) The suit is decreed as prayed with modification that the further interest payable will be at the rate of 18% per annum. (ii) The plaintiff will be entitled to refund of Court fees, if any, as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)