1 ss-3202-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 3202 OF 2009. Yallava Nagappa Kunchikorve. ..Plaintiff. vs. Rohini Mahesh Acharya. ..Defendant. .... Mr. Ramesh Jain, i/b. Ramesh Jain & Kusum Jain, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 8TH MARCH 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-parte Decree”. The Defendant has not entered their appearance in spite of service of writ of summons. The Affidavit proving service dated 17th April 2010 is placed on record. The original promissory note dated 1st September 2007 is also placed on record. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. 3. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.1,23,712.32 ps. and interest @ 15% per annum on the amount of Rs. 1,00,000/- from the date of filing of the Suit till payment or realisation. 2 ss-3202-09 (ii) The Defendant shall pay costs of this Suit to the Plaintiff. (iii) Refund of Court fees, if any, as per Rules. 4. The Suit is accordingly disposed of. [ S.J. KATHAWALLA, J. ]