IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 213 OF 2003 SUMMONS FOR JUDGMENT NO. 213 OF 2003 SUMMONS FOR JUDGMENT NO. 213 OF 2003 IN IN IN SUMMARY SUIT NO. 18 OF 2003 SUMMARY SUIT NO. 18 OF 2003 SUMMARY SUIT NO. 18 OF 2003 M/s. Super Tex Industries ..Plaintiffs versus M/s. Sahkari Katai Mills Ltd. ..Defendants Ms. Neeta Solanki i/b. M/s. Kiran Jain & Co. for the Plaintiffs. None for the Defendants. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 30TH SEPTEMBER, 2004. DATE : 30TH SEPTEMBER, 2004. DATE : 30TH SEPTEMBER, 2004. P.C. : P.C. : P.C. : . Heard counsel for the Plaintiffs. Nobody is present for the Defendants, though the name of the Defendants Advocate appears on the board. Reply and rejoinder are complete. Claim of the plaintiffs comprised of the goods sold and delivered worth about Rs.60,000/= or so. Two defences have been raised by the defendants in their reply. Firstly, that this court has no jurisdiction, to which counsel for the Plaintiffs contended that they had already obtained leave of the court. Secondly according to the Defendants though there is an arbitration clause, the suit is simplicitor for recovery of the amount, therefore that clause is of no help to the defendants. No reply is filed to the demand notice. Therefore summons for judgment is made absolute as prayed with future interest at the rate of 12% per annum from the date of the suit till realisation and costs of the suit. Refund of court fees, as per the Rules. Summons for Judgment and suit both stands disposed of. Certified copy expedited. *******