1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1168 OF 2008 Kavita Kishor Morbia .... Plaintiff. V/s Janak Enterprises and anr. .... Defendants. Mr. Mahesh Devani for plaintiffs. None for defendants. CORAM: V.M. KANADE, J. DATE : 4TH SEPTEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff. 2. Plaintiff has filed affidavit of service and compilation of original documents which are taken on record. 3. In spite of service of writ of summons, none appears on behalf of defendants. 4 Plaintiff has transported goods to the defendants. 2 Defendants have given confirmation of having received the said goods and acknowledged their liability. The letter dated 1/4/2005 acknowledging liability is annexed at Exhibit-B on page 25 of the plaint. In view of the confirmation given by defendants of the amount which is due and payable by defendants to plaintiff, plaintiff is entitled for judgment and decree more particularly because no appearance or reply has been filed by defendants within 10 days from the date of service of the writ of summons. 5 Defendants are jointly and severally ordered and directed to pay to plaintiff a sum of Rs 2,85,916.00 together with further interest due on principal amount of Rs 1,88,101.50 @ 15% p.a from the date of filing of the suit till payment and/or realization with costs of the suit. 6. Suit is accordingly decreed and disposed of. Refund of Court fees be paid in accordance with Rules. (V.M. KANADE, J.)