sanjay 1 s-1564.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1564 OF 2010 Surendrasingh M. Gujra. ... Plaintiff. V/s. Ashok Govind Kadam. ... Defendant. Ramesh Jain for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : This is a summary suit under order 37 of Code of Civil Procedure, 1908. 2. The suit is based on a promissory note executed by the Defendant on 12 September 2008 in favour of the Plaintiff in the amount of Rs.2,00,000/- for consideration received. The Defendant has failed and neglected to pay the amount due despite an Advocate’s notice dated 28 February 2009. sanjay 2 s-1564.10 3. The Defendant has been served with a writ of summons, but has failed to enter appearance. The Plaintiff has relied upon a compilation of original documents. In terms of provisions of order 37 rule 6(a) of C.P.C. and even otherwise on the basis of the documentary material which is placed on record, the Plaintiff would be entitled to judgment. The claim of the Plaintiff falls within the purview of order 37 and is within limitation. 4. The suit is accordingly decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum on the principal sum from the date of the suit until payment or realization. (D.Y.Chandrachud, J.)