1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1967 OF 2008 Kantilal Bastimal Jodhavat ....Plaintiff Versus Poonam Pradip Patil ....Defendant Mr. Ramesh Jain, Advocate for the Plaintiff. None for the Defendant. CORAM : R. V. MORE, J. DATE : 24th FEBRUARY, 2010. P.C. : The above suit is filed by the Plaintiff under the provisions of Order 37 Rule 2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.7,57,117.80 paise with further interest on principal sum of Rs. 6,00,000/- @ 18% p.a. or at such other and further rate as this Hon'ble Court may deem fit. 2. The Defendant is served with writ of summons alongwith true copy of the plaint. The Plaintiff thereafter filed the summons for judgment no.320 of 2008 which was contested by the Defendant by filing reply. By an order dated 19th June, 2009 passed in the aforesaid summons for judgment, this Court granted conditional leave to the Defendant to defend the suit on his depositing an amount of Rs.4,00,000/- in this Court, within a period of eight weeks from the date of the Order. 2 3. The learned Counsel for the Plaintiff submitted Non Deposit Certificate dated 8th February, 2009 issued by the Prothonotary and Senior Master. I have perused the same. The certificate discloses that the Defendant failed to deposit an amount of Rs.4,00,000/- on or before 14th August, 2009 i.e. within the period of eight weeks from the date of order. 4. In the above circumstances, the Plaintiff is entitled to decree his suit under the provisions of Order 37 Rule 3 Sub-Rule 6(b) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in principal sum of Rs. 6,00,000/- upon which the Plaintiff would be entitled to interest at the rate of 12% p.a. from the date of filing of the suit till realisation thereof. 5. Court fees to be refunded as per the Rules. Sd/- (R. V. MORE, J.)