- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT No. 3143 OF 2004 H. K. Industries ... Plaintiff Vs. M/s. Meetas Garments Pvt. Ltd. ... Defendants *** Mr. N. M. Shah, for the Plaintiff. None for the Defendant. *** CORAM : S. J. VAZIFDAR, J. DATE : OCTOBER 5, 2009. PC :- 1. The suit is filed to recover the price of the goods sold and delivered by the plaintiff to the defendants on the terms and conditions contained in and evidenced by the invoices. The delivery challans have not been signed by and on behalf of the defendants. However, the defendants have confirmed the balance. The plaintiff by a letter dated 31st March 2003 called upon the defendants to confirm the balance of Rs.1,35,982/-. The defendants however, confirmed the balance at the foot of the said letter only to the extent of Rs.1,26,475/-. The suit is therefore, restricted to the amount confirmed by the defendants. 2. A compilation of documents is tendered. The same is - 2 - taken on record and marked “A” (Colly). 3. The defendants have not filed their appearance. There is nothing on record that militates against the plaintiff’s claim in the suit. The amount claimed in the suit has been confirmed by the defendants, as aforesaid. In the circumstances, there is no defence to the suit. 4. The suit is decreed as prayed. However, the interest after the date of the suit shall be at 12% per annum.