1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1169 OF 2008 Ramesh Jethalal Morbia .... Plaintiff. V/s Janak Enterprises and anr. .... Defendants. Mr. Mahesh Devani for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 4TH SEPTEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff. 2. Plaintiff has filed affidavit of service and compilation of original documents which are taken on record. 3. In spite of service of writ of summons, none appears on behalf of defendants. 4 Plaintiff has filed this suit for recovery of certain 2 amount for goods sold and delivered by the plaintiff to defendants. Defendants have acknowledged the receipt of goods by giving their confirmation vide letter dated /4/2005 which is annexed at Exhibit-C on page 39 of the plaint. In view of the confirmation of the said amount which is due and payable by defendants to plaintiff and particularly because no reply and appearance has been filed by defendants within 10 days from the date of service of writ of summons, plaintiff is entitled for judgment and decree. 5 Defendants are jointly and severally ordered and directed to pay to plaintiff a sum of Rs 2,18,884.40 together with further interest due on principal amount of Rs 1,42,124.50 @ 15% p.a from the date of filing of the suit till payment and/or realization with costs of the suit. 6. Suit is accordingly decreed and disposed of. Refund of Court fees be paid in accordance with Rules. (V.M. KANADE, J.)