1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.3385 OF 2006 Murad Ebrahim Gilani ..Plaintiff. Vs. M/s. Unitech Engineering Co. ..Defendant. .... Mr. H.K. Menghani for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 5th February, 2008. P.C. : The suit has been instituted for the recovery of an amount of Rs.1,80,250/- together with future interest from the date of institution of the suit. The Plaintiff had placed a purchase order dated 28th November, 2005 upon the Defendant for the supply of certain goods and an advance payment of Rs.1,50,000/- was made by a cheque dated 28th November, 2005. The cheque was duly encashed by the Defendant. Thereafter cash payments of Rs.20,250/- and Rs.10,000/- respectively were made against which payment vouchers were issued. On 30th June, 2006 the Plaintiff 2 called for the return of the amount paid since the goods were not delivered. The Defendant disputed its liability to refund the amount by its letter dated 10th July, 2006 claiming that the delivery of the filling machine which is one of the items ordered had been made while the printer was lying with the Defendant for which payment had not been made by the Plaintiff. The Plaintiff once again made a demand for payment on 23rd August, 2006. The suit has been instituted under the provisions of Order 37 of the Code of Civil Procedure, 1908. The Defendant has been served and an affidavit of service has been filed. The Defendant has neither entered appearance nor advanced any defence to the claim in the suit. The Plaintiff had relied on a compilation of documents in terms of the provisions of Order 37 Rule 2(3). The Plaintiff would be entitled to a decree since the Defendant has failed to enter appearance. 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 from the date of the institution of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the 3 rules.