- 1 - 18.ss.848.2010 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 848 OF 2010 M/s.Peekay Industries ..Plaintiff -Versus- M/s.Hi-End Packaging Pvt. Ltd. ..Defendant .......... Mr.R.N.Singh i/b M/s.Sing and Co. for the Plaintiff. None for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 26TH SEPTEMBER 2011. P.C. 1 The suit is filed to recover a sum of Rs.1,13,469/- together with interest at 18% per annum on a sum of Rs.89,700/-. The suit is filed to recover the price of goods sold and delivered on the terms and conditions contained in a invoice. 2 On behalf of the plaintiff, one Krishna Pramod Shah, a partner of the plaintiff was examined by filing his affidavit in lieu of examination-in-chief dated 11th February 2011. The witness confirms the correctness of the contents of the affidavit. The defendant was not present. There was, therefore, no cross-examination. - 2 - 18.ss.848.2010 3 The preliminary issue must be answered in favour of the plaintiff as to the jurisdiction in view of the fact that the entire cause of action has arisen in Mumbai, as stated in paragraph 12 of the plaint. In view thereof, it was not necessary to seek leave under Section XII of the Letters Patent. 4 There was no reply to the plaintiff’s notice dated 16th April 2009 demanding payment nor was any reply to the plaintiff’s advocates’ notice dated 10th November 2009. However, there is an endorsement on the letter by the defendant’s Managing Director stating that defendant would clear the payment within next 3-4 days and thanked the plaintiff for their understanding. 5 The defendant has not filed an appearance. The defendant is absent. There is noting on record that militates against the averments and submissions in the plaint. This is a fit case to accept the averments in the plaint as correct. The invoice provides for interest at 18% per annum. 6 In the circumstances, the suit is decreed as prayed. However, the interest after the date of filing of the suit shall be at 12% per annum. Costs to be quantified as per rules. Refund of court fees, if any, as per rules. -