1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 1059 OF 2005 in SUMMONS FOR JUDGEMENT NO. 579 OF 2004 in SUMMARY SUIT NO. 1467 OF 2004 Maurya Enterprises & Anr. .. Appellants versus Bharat Vissaji .. Respondent ... Mr.Ruchir Dholakia i/b M/s.P. Kumar & Co. for the appellants. Mr.H.N. Thakore a/w Ms.Jyoti Ghag i/b M/s.Thakore Jariwala & Associates for the respondents. CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND D.G. KARNIK, JJ D.G. KARNIK, JJ D.G. KARNIK, JJ DATED : 20th December 2005. DATED : 20th December 2005. DATED : 20th December 2005. P.C.: Heard Mr.Ruchir Dholakia, the learned counsel for the appellant and Mr.H.N. Thakore, the learned 2 counsel for the respondents. 2. The learned counsel for the respondent - original plaintiff submits that the plaintiff waives the interest from the date of notice until the date of the institution of the suit. 3. Having waived the interest from the date of notice until the institution of the suit, we find that the suit filed by the plaintiff was covered by Order XXXVII Rule 2 of the Code of Civil Procedure. 4. The suit is founded on the confirmation letters and the receipts and as a matter of fact. The defence raised by the defendants is not plausible not does it give rise to the triable issues. 5. In the circumstances, the learned trial Judge cannot be said to have erred in granting decree, save and except that the decree ought to have been in respect of the principal amount of Rs.9,60,000/- with the reasonable rate of interest from the date of the suit until realisation. 6. We, accordingly, dispose of the appeal by the 3 following order : . The plaintiff (respondent herein) is entitled to a decree in the sum of Rs.9,60,000/- (Rupees nine lac sixty thousand) with the Simple Interest at the rate of 5% per annum from the date of the suit until realisation. 7. No costs. (R.M. LODHA, J) (R.M. LODHA, J) (R.M. LODHA, J) (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)