1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1872 OF 2003 Ashok Laxmichand Ghala .. Plaintiff versus Pramodini Dilip Shirodkar & Anr. .. Defendants Ms.Kavita S. Lalwani for the plaintiff. None for the defendants. CORAM : A.S.OKA, J. DATE : 18th November 2009. P.C: . The suit is shown under the caption “For ex-parte decree”. The suit is for recovery of sum of Rs.1,07,000/- alongwith interest on the principal amount of Rs.75,000/- at the rate of 18% per annum from the date of institution of the suit till realisation. The suit is based on a demand bill of exchange dated 9th May 2000 drawn by the 1st defendant on the 2nd defendant in favour of the plaintiff in the sum of RS.75,000/-. The case of the plaintiff is that the said bill of exchange was accepted by the 2nd defendant for payment. It is stated that the defendants paid interest up to 4th December 2000. The case of the plaintiff is that on 5th December 2000 when the said bill of exchange was presented to 2nd defendant and thereafter to the 1st defendant, a cheque in the sum of Rs.75,000/- dated 3rd December 2000 was issued by the 1st defendant in favour of the plaintiff. The cheque was 2 dishonored. After giving the advocates’ notice the present suit has been filed. The original documents, namely, the bill of exchange and office copy of notice of demand are placed on record. In view of the said documents and 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. As far as claim for further interest is concerned, considering the facts of the case, the same deserves to be fixed at 8% per annum. 2. Hence, I pass the following order: : O R D E R : (a) The suit is decreed as prayed with modification that further interest of Rs.75,000/- shall be payable at the rate of 8% per annum from the date of the suit till realisation or payment. (b) The plaintiff will be entitled to refund of court fees as per the rules. (A.S.OKA,J)