1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 398 OF 2007 IN SUMMARY SUIT NO. 57 OF 2007 Villy N. Elavia .. Plaintiff V/s Ramesh D. Mengji .. Defendant Ms. Sneha Patil i/b Sonal Doshi & Co. for the plaintiff. Ms. Jyoti Chavan i/b Mr. C.K. Pendse for the defendant. CORAM : D.G. KARNIK, J. DATE : 11TH JUNE 2009 P.C. : 1. Heard the counsel for the plaintiff. Counsel for the defendant reports no instructions and states that in spite of the registered letter sent to the defendant, the defendant has not contacted her. 2. This summons for judgment is taken out by the plaintiff in a suit for recovery of money. According to the plaintiff, the plaintiff advanced to the 2 defendant a sum of Rs.5,00,000/- by a cheque on 1st August 2001. The defendant executed a demand promissory note agreeing to pay to the plaintiff the sum of Rs.5,00,000/- with interest at 15% per annum. The defendant made part payment to the extent of Rs.3,00,000/-. Thus an amount of Rs.2,00,000/- out of the total principal amount and the interest amount of Rs.1,59,287/- is due and payable by the defendant to the plaintiff. Thus the plaintiff is entitled to recover Rs.3,59,287/-. 3. Despite service of summons for judgment, the defendant has not applied for leave to defend nor filed affidavit in reply till this date, for a period of exceeding 10 days. In the circumstances, the averments made in the plaint are deemed to be admitted and the plaintiff is entitled to a decree under clause (a) of Order 37(1) of the Code of Civil Procedure read with Rule 221 of the Bombay High Court (Original Side) Rules. 4. The plaintiff has filed on record a xerox copy of the promissory note. The signature thereon is not denied. The plaintiff has also filed on record the letter written by the defendant to the plaintiff stating the payment made of Rs.3,00,000/- and promising to pay the balance of Rs.2,00,000/- to the plaintiff. The plaintiff has also filed an office copy of the notice of demand. The notice was not replied. 5. In the circumstances, the suit is decreed in terms of prayer (a) which 3 reads as under:- (a) that this Hon’ble Court be pleased to Order and Decree that the Defendants do pay to the Plaintiff a sum of Rs. 3,59,287/- with further interest at the rate of 15% per annum on principal sum of Rs.2,00,000/- (Rupees two lacs only) from the date of present suit till the date of payment and/or realization as per the Particulars of Claim annexed hereto and marked as Exhibit”D”. (D.G. KARNIK, J.)