1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2433 OF 2003 M/s.Diwansons Holding & Consultancy Pvt. Ltd. ...Plaintiff. Vs. Prem Krishnani & Anr. ...Defendants. .... Mr. C.A. Shukla i/b. B.S. Chandnani for the Plaintiff. None for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. September 30, 2009. P.C. The suit under Order 37 of the Code of Civil Procedure, 1908 is for the recovery of an amount of Rs.48,000/- together with interest. The Defendants executed a writing dated 22nd June 1999 in favour of the Plaintiff, acknowledging receipt of a sum of Rs.60,000/- and agreeing to pay the amount in ten instalments. Ten post dated cheques were issued, each in the sum of Rs.6,000/-. Cheques dated 22nd July 1999 and 22nd August 1999 were honoured, but all the remaining cheques are stated to have been dishonoured on presentation. Consequently, according to the Plaintiff, an amount of 2 Rs.48,000/- is due and payable. An Advocate’s notice was issued to the Defendants on 14th February 2003. The Defendants have been served with the writ of summons. No Written Statement has been filed. Consequently, the averments contained in the Plaint have not been controverted. The Plaintiff has tendered a compilation of the original documents, including the document executed by the Defendants on 22nd June 1999. In the circumstances, the suit shall stand decreed in the sum of Rs.48,000/- upon which, the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the suit, until payment or realization. The Plaintiff would be entitled to the costs of the suit. .....