IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.2505 OF 2008 M/s.Riko Chemical Pvt Ltd. .. Plaintiffs Versus Shri Krishna Trading & Anr. .. Defendants Mr.R.A.Shaikh for the plaintiffs. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . Heard the learned counsel appearing for the plaintiffs. The office noting shows that the writ of summons under Sub-rule 2 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 has been duly served to the defendants and affidavit of service has been filed. It is stated that the defendants have not entered appearance within the time stipulated by law. The original documents are placed on record. 2. I have perused the original documents placed on record. The averments made in the plaint have remained unchallenged and correctness thereof will have to be accepted in view of Sub-rule 3 of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908. 2 3. Considering the facts and circumstances of the case, the further interest prayed for in prayer clause (b) will be 12% per annum. 4. Hence, I pass the following order: (i) There will be a decree in terms of prayer clauses (a) to (c) with modification that further interest will be payable as per prayer clause (b) will be 12% per annum. (ii) The plaintiffs will be entitled to refund of Court fees as per the rules. (iii) Certified copy is expedited. (A.S.Oka,J)