IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1917 OF 2008 Dhanjibhai N. Babaria .. Plaintiff Versus Shweta C. Mhamunkar & Anr. .. Defendants Mr.Ramesh Jain for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . Heard the learned counsel appearing for the plaintiff. The office noting shows that the writ of summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendants and affidavit of service has been filed. It is stated that the defendants have not entered appearance within the time stipulated by law. The original documents are placed on record. 2. Considering the averments made in the plaint and the original documents placed on record, the plaintiff is entitled to a decree in view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. 2 The suit is based on a bill of exchange. Rate of interest is not provided in the bill of exchange. Considering the facts and circumstances of the case, further interest will have to be granted at the rate of 12% per annum. 3. Hence, I pass the following order: (i) he suit is decreed in terms of prayer clause (a) with modification that further interest on sum of Rs.60,000/- will be payable at the rate of 12% per annum. (ii) The plaintiff will be entitled to refund of Court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)