[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3016 OF 2008 M/S Sonen Impex Pvt. Ltd. .... Plaintiffs Vs. Satish Kumar Saini .... Defendant Shri Tushar Bhavsar i/b M/s. Vinod Mistry & Co. for the Plaintiffs. None for the Defendant. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: MARCH 16, 2009 P.C: P.C: P.C: 1. This is a suit for recovery of the advance amount paid by the plaintiffs to the defendant while placing order for supply of certain goods. Despite repeated demands from the plaintiffs’ side, the defendant has not supplied the goods nor he caused refund of the amount he had received from the plaintiffs. The correspondence between the parties show that the defendant repeatedly assured the plaintiffs that he would send the goods else he would refund the amount. But neither happened. Ultimately, the plaintiffs sent their last letter of demand on 16-5-2008 and when it did not yield any result, the suit came to be filed on 24-9-2008. Despite service of summons, the defendant did not appear to oppose the claim. The plaintiffs have tendered on record the original [2] documents. So whatever is stated in the plaint and through the documents has gone unchallenged on record. The case of the plaintiffs deserves to be believed and the suit deserves to be allowed as prayed for. Hence the suit is decreed as prayed for. However, the rate of interest on the amount due from the date of filing of the suit till the amount is recovered shall be simple interest at the rate of 6% p.a.. 2. The office to refund the Court fee as per rules. (A.V. Nirgude, J.) ss/M9ss3016.8 ss/M9ss3016.8 ss/M9ss3016.8