1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 1616 OF 2007 Nitesh Hirachand Jain. .... Plaintiff. V/s. Mr. Dilawar Allauddin Mulani. .... Defendant. ....... Ms. Neeta Solanki i/b. Kiran Jain & Co. for the Plaintiff. None for the Defendant. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 11TH JANUARY 2008. P.C. :- The Suit under Order XXXVII of the Code of Civil Procedure, 1908 is based on a Demand Promissory Note in the amount of Rs.1 lakh executed by the Defendant on 31st October 2006. The Plaintiff is a money lender. A copy of the money lending license has been placed on the record in a compilation of documents. The Defendant has not 2 repaid the amount of Rs.1 lakh which was lent and advanced by the Plaintiff despite an Advocate's Notice dated 2nd May 2007. The Defendant has failed to enter appearance. An affidavit has been filed stating that the service of the writ of summons was refused. This shall therefore be regarded as a valid service. In terms of the provision of Order XXXVII, the Plaintiff would be entitled to a decree. The suit falls within the purview of Order XXXVII and is within limitation. The claim has been duly proved on the basis of the material on the record. The suit is accordingly decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 12% per annum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per rules. -------