kbp 1 2128-03.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2128 OF 2003 Sonia Khiani ..Plaintiff Vs. Surendra Bros. and Ors. ..Defendants ......... Mr.Sagar Chauhan i/b.Mr.P.S.Anand, for plaintiff. None for defendant. ......... CORAM : A.S.OKA, J.. DATE : 11th November, 2009. P.C. : 1] The suit is shown under caption "for ex-parte decree". A writ of summons under Sub-Rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) has been served to the defendants. The defendants have not entered appearance within time stipulated by law. 2] The plaintiff has placed on record the two original bills of exchange in the sum of Rs.50,000/- and Rs.25,000/- respectively. The office copy of notice of demand together with returned envelope having a remark "Not Claimed" have been placed on record. In view of the said documents and in view of the Sub- Rule 3 of Rule 2 of the Order XXXVII of the said Code, the plaintiff is entitled to a kbp 2 2128-03.sxw decree. 3] The plaintiff has claimed further interest at the rate of 18% per annum. Considering the facts and circumstances of the case, the plaintiff is entitled to further interest at 9% p.a. Hence, I pass the following order:- (a) The suit stands decreed as prayed for with modification that further interest on Rs.75,000/- shall be payable at the rate 9% from the date of institution of the suit till realisation of the amount. (b) The plaintiff is entitled to refund of court fees as per the rules. ( A.S.OKA, J. )