1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2 OF 2007 Roze Khan Amanullah. ...Plaintiff. Vs. Shahmohammad. ...Defendant. .... Mr.Ramesh Jain for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. January 18, 2008. P.C.: The suit is under Order 37 of the Code of Civil Procedure, 1908, on the basis of a promissory note executed by the Defendant in the amount of Rs.75,000/-. The Defendant was served with the writ of Summons on 11th January 2007. The Plaintiff undertakes to file an affidavit of service within one week. The Defendant has failed to enter appearance. In terms of sub-rule (3) of Rule 2 of Order 37, the Defendant is not entitled to defend the suit unless he enters an appearance and in default of entering an appearance, the allegations in the Plaint shall be deemed to be admitted and the Plaintiff shall be entitled to a decree. In the circumstances, having regard to the 2 provisions of Order 37, the suit shall stand decreed in the amount of Rs.75,000/- 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 realisation. Refund of the Court fees, if any, as per the rules. .....