1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 117 OF 2003 Dena Bank ...Plaintiffs vs. M/s.Vijay Securities Service Pvt.Ltd. ...Defendants Mr.K.D. Shukla i/b. M/s.K.D. Shukla & Co. for the Plaintiffs. CORAM : V.M. KANADE, J. DATED : FEBRUARY 9, 2010 P.C. :- 1 Heard Counsel for the plaintiffs. None appears for the defendants though they are served. The plaintiffs have filed affidavit of service. The plaintiffs have filed the original documents viz. Delivery challan dated 30th July, 1999, enclosure bills dated 16th August, 1999 and 1st September, 1999 and Invoice dated 30th July, 1999. 2 The suit is filed by the plaintiffs for 2 non-payment of the consideration of the goods sold and delivered to the defendants. The defendants failed and neglected to pay the amount under the bill issued by the plaintiffs. The plaintiffs issued notice dated 2nd July, 2002, however, the said amount was not paid. Therefore, the suit was filed in September, 2002. Therefore, suit is filed within limitation. The plaintiffs have made out a case for grant of judgment and decree in view of the defendants not filing their appearance in spite of service of writ of summons. 3 Suit of the plaintiffs, therefore, is decreed in terms of para 13(a) with a modification that the plaintiffs are entitled to claim interest at the rate of 15% per annum instead of 18% per annum. Suit, accordingly, is disposed of. The plaintiffs are entitled to get refund of court fees in accordance with Rules. 4 Certified copy expedited. (V.M. KANADE, J.)