1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.367 OF 2007 Rajendra R. Atoley ..Plaintiff. Vs. Manish G. Malkani, Proprietor of M/s. M.G. Motors ..Defendant. .... Mr. Sameer R. Bhalekar for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th March, 2008. P.C. : 1. The suit under Order 37 of the Code of Civil Procedure, 1908 has been instituted to recover a sum of Rs.6 lacs together with future interest. The case of the Plaintiff is that a loan in the amount of Rs.6 lacs was advanced to the Defendant in cash in four installments between 10th May, 2005 and 14th May, 2005. On 10th February, 2006 the Defendant issued two cheques respectively dated 15th February, 2006 in the amount of Rs.2 lacs and 15th March, 2006 in the amount of Rs.4 lacs. The cheque in the amount of Rs.2 lacs was deposited, but was returned upon presentation on 16th February, 2006 on the ground that the account was closed. An 2 Advocate's notice was issued to the Defendant on 20th February, 2006. Subsequently on the presentation of the second cheque in the amount of Rs.4 lacs, the said cheque was returned for the same reason. Despite an advocate's notice dated 5th April, 2006 the amounts due have not been paid. 2. The Defendant having failed to enter appearance despite service of the writ of summons, the suit has been listed for an ex parte decree. Upon failure of the Defendant to enter appearance, the Plaintiff would be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied on a compilation of documents on the basis of which the claim stands duly proved. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****