ash 1 ss-1919.00 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1919 OF 2000 Bank of India .. Plaintiff Vs Mrs. Siddique. .. Defendant -- Shri O.A. Das for the Plaintiff. -- CORAM ; A.S. OKA, J DATED : 2ND FEBRUARY, 2011 P.C. . The suit is shown under the caption “Ex parte Decree”. After service of the writ of summons, the Defendant has not entered the appearance within the time stipulated by law. The learned counsel appearing for the Plaintiff has placed on record the original documents including the agreement under which liability arises. In view of Sub- rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiff is entitled to a decree. However, further interest will have to be fixed at the rate of 12% per annum. 2. Accordingly, the suit is decreed in terms of prayer clauses (a) and (b) with modification that further interest on the principal amount will be the simple interest at the rate of 12% per annum from the date of filing of the suit till realization or deposit. 3. The Plaintiff will be entitled to the refund of the Court fees as per the rules. ( A.S. OKA, J )