1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION SUMMARY SUIT NO. 2776 OF 2007 Jeco Vetchem Pvt. Ltd. .... Plaintiff. V/s. Abbhudaya Farms (P) Ltd. & Anr. .... Defendants. ....... Mr. Pratap B. Kapadia for the Plaintiff. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 29TH JANUARY 2008. P.C. :- The suit under Order XXXVII of the Code of Civil Procedure, 1908 is filed in order to recover the price of goods sold, supplied and delivered. The goods were sold under six invoices between 14th December 2005 and 10th June 2006 in the total amount of Rs. 2,97,250/- Two cheques respectively dated 15th June and 22nd June 2006 each in the amount of Rs.25,000/- furnished by the Defendants were dishonoured on presentation. A part payment of Rs.25,000/- was 2 made on 12th July 2006. The amount has remained outstanding despite a notice of demand dated 23rd April 2007. The suit which has been instituted on 11th September 2007 is within limitation. The Defendants have been served with the writ of summons but have failed to enter appearance. In terms of the provisions of Order XXXVII Rule 2(3) of the Code of Civil Procedure, 1908, the Plaintiff would be entitled to a decree as prayed upon the failure of the Defendants to enter appearance. A compilation of the original documents has been placed on the record. The claim arises under the written contract. The suit is within limitation. 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 on the principal sum from the date of the institution of the suit until payment or realization. Certified copy of the decree is expedited. Refund of Court fees, if any, as per rules. 3