1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.2209 OF 2007 Vodafone Essar Ltd. .. Plaintiff. Vs. Reema Sen ..Defendant. .... Ms. Padmaja Dholakia i/b Dholakia Law Associates for the Plaintiff. None for the Defendant. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 4th March, 2008. P.C. : 1. The Suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of an amount of Rs.59,426.62 towards unpaid bills for the use of a cellular phone facility. Bills have been raised by the Plaintiff which have been annexed at Exhibits E to G of the Plaint. The Defendant had executed a customer agreement form in pursuance of which the cell phone facility was activated by the Plaintiff. The outstanding bills have remained to be paid. 2. The Defendant has been served with the writ of 2 summons but has failed to enter appearance. The claim of the Plaintiff falls within the purview of Order 37 and is within limitation. The Defendant having failed to enter appearance, the Plaintiff will be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied upon a compilation of the original documents. The suit shall accordingly stand 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 suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****