1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.314 OF 2003 M/s.Rishi Packers Ltd. ...Plaintiffs vs. The Chitoor District Co-operative, Milk Producers Union Limited ...Defendants Mr.Rajanedra R.Mishra for the plaintiffs None for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 3, 2009 JUDGMENT : 1 Heard the learned counsel for the plaintiff. By order dated 16th September 2009, this court directed that the suit shall be set down under the caption of Undefended suits for exparte decree . 2 This is a summary suit filed by the plaintiff claiming recovery of the price of the goods sold and delivered to the defendant. The case of the plaintiff is that on the basis of the order dated 18th December 2000 placed by the defendant, the goods more particularly described in invoices dated 19th January 2001 and 21st January 2001 were sold and delivered to the defendant. The total value of the goods covered by the two invoices was Rs.2,48,292/-. Reliance is placed on the part payment made by the defendant of a sum of Rs.42,950/-. 2 Notice of demand was issued to the defendant through an Advocate. Notice was replied by the defendant by a reply dated 18th July 2001. In the reply, the defendant accepted the liability. The prayer in the suit is for recovery of the balance amount payable together with interest from the date of institution of the suit. 3 The defendant after service of summons did not enter the appearance. The plaintiff has tendered on record an affidavit in lieu of examination-in-chief of Mr.Vasant Gore, the Company Secretary of the plaintiff. Along with the affidavit, eight original documents along with list have been produced by the plaintiff. The purchase orders issued by the defendant are placed on record. The copies of the invoices are also placed on record. In response to the notice, a reply was sent by the defendant in which liability to the extent of Rs.1,71,804/- was accepted by the defendant. In view of the averments made in the plaint and affidavit in lieu of examination-in- chief as well as the documents, the plaintiff has established the claim. A case is made out for passing the decree. 4 Even under sub rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure,1908, the plaintiff is entitled to a decree. The plaintiff has claimed further interest at the rate of 18% p.a. Considering the facts 3 and circumstances of the case, further interest at the rate of 12% p.a will be reasonable. 5 Hence, I pass the following order : i) The suit stands decreed in terms of prayer clause (a) with a modification that further interest on the sum of Rs.1,71,804/- will be at the rate of 12% per annum from the date of filing of the suit till the payment and/or realisation. ii) The plaintiff will be entitled to refund of court fees as per the rules. JUDGE