1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.3179 OF 2006 M/s. Shree Plastometch ..Plaintiff. Vs. M/s. Pra Veeramani & Anr. ..Defendants. .... Mr. Ramesh Jain for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 2nd April, 2007. P.C. : The Suit is under Order 37 of the Code of Civil Procedure 1908 based on goods sold, supplied and delivered to the Defendants under five invoices, the details of which are as follows : Invoice/Bill No. Date Amount Rs. 1. 1055 19.01.2005 Rs.1,58,897.90 2. 1056 19.01.2005 Rs. 20,336.40 3. 1057 19.01.2005 Rs.1,53,601.85 4. 1064 20.01,2005 Rs. 37,546.48 5. 1076 22.01.2005 Rs. 27,472.23 -------------------- Total: Rs.3,97,854.86 ======== The invoices provide for interest at the rate of 24% per 2 annum on over due unpaid bills. A notice of demand dated 3rd January, 2006 was addressed to the Defendants to which there as no reply. An affidavit of service has been filed. The Plaintiff has filed a compilation of the original documents which is taken on the record. The claim in the suit has been duly established on the basis thereof. The claim in the suit falls within the purview of the provisions of Order 37, the Defendant having accepted the goods, sold, supplied and delivered under the invoices raised by the Plaintiff. In the circumstances, there shall be a decree as prayed, save and except with the modification that the Plaintiff shall be entitled to interest at the rate of 9% per annum from the date of the institution of the suit until the date of the decree and at the same rate from the date of the decree until payment or realization. Refund of Court fees, if any, as per rules.