1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1952 OF 2007 Chetan Jaswantlal Shah ..Plaintiff. Vs. M/s. Krishna Engineers ..Defendant. .... Mr. Sohanraj Chopda for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 29th February, 2008. P.C. : The suit has been instituted under Order 37 of the Code of Civil Procedure, 1908 for the recovery of the price of the goods sold, supplied and delivered. The invoices are at Exhibits A-1 to A- 4 while the delivery challans are at Exhibits B-1 to B-4. The goods have been duly accepted by the Defendant without any demur as to price, quantity or quality. The amount outstanding has not been paid despite notices dated 5th April, 2007 and 4th May, 2007. 2. The Defendant has not entered appearance despite service of the writ of summons. In terms of the provisions of Order 37 Rule 2(3), the Plaintiff will be entitled to a decree. The claim 2 arises out of a written contract as evidenced by the invoices, delivery challans and the acceptance of the goods on behalf of the Defendant. The claim is within limitation. The Plaintiff has tendered a compilation of documents on the basis whereof the claim has been duly established. The suit shall accordingly stand decreed in the principal sum of Rs.1,05,841/- upon which the Plaintiff will be entitled to interest at the rate of 6% per annum from the respective due dates of the invoices until the date of the suit and at the same rate from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****