1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2376 OF 2006 ---------------------------------------------------------------------------------- ------------- Office Notes, Office Memoranda Court's or Judge's Order appearances, Court's orders or directions and Registrar's orders. ---------------------------------------------------------------------------------- ------------- Mr.Mohan N.Dhamal, for plaintiff. None for defendant. CORAM: R. Y. GANOO, J. DATED: 8th December, 2008 P.C.:- This suit is filed to recover a sum of Rs.2 lakhs with interest thereon on the strength of promissory note dated 30.4.2004. Heard the learned Advocate Mr.Dhamal and perused 2 the record. The promissory note is dated 30.4.2004. The institution of suit is on the year 2006 which is within the period of limitation. The defendant though granted unconditional leave did not file written statement. Hence, the suit was posted for ex- parte decree. Notice of the today's date was given to the defendant. However, he has refused to accept the service. The rate of interest at the rate of 3% per month is undoubtedly excessive and the plaintiff can be granted interest at the rate of 12% per annum. After having considering the record and the arguments of Mr.Dhamal Advocate, I am 3 inclined to grant decree to the plaintiff on the following terms:- ORDER Defendant do pay to the plaintiff Rs.2,00,000/-. Defendant do pay to the plaintiff interest at the rate of 12% per annum from the 30.4.2004 till the date of filing of the suit on Rs.2,00,000/-. Defendant do pay to the plaintiff interest at the rate of 10% per annum from the date of filing of the suit till the realisation on Rs.2,00,000/-. Defendant do pay to the plaintiff costs of this suit. (R.Y.Ganoo, J.) ---