IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.3188 OF 2008 M/s.Dipsi Chemicals Pvt. Ltd. ...Plaintiffs Vs. M/s. Dhar Textiles Mills Ltd. ...Defendants --- Ms. Smita Sawant i/b. Dave & Co. for Plaintiffs None for Defendants ---- CORAM: V.M. KANADE J. DATED 17TH AUGUST, 2009 P.C. 1. Heard the Learned Counsel appearing on behalf of the Plaintiffs. 2. None appears on behalf of the Defendants. 3. The Plaintiffs have filed affidavit of service dated 8.2.2009. The registered packet containing duplicate copy of the writ of summons and the copy of the plaint was served upon the Defendants and was sent by Registered A.D. Post. The office of Sheriff of Bombay received the said packet with remark 'No reasonable answer', returned on 12.1.2009. The Defendants, therefore, it is apparent, had refused to accept the said service and it will amount to good service. 4. The Plaintiffs have also filed original documents such as invoice, goods consignment note and the other documents, which are found in the list of original documents filed by the Plaintiffs. In spite of the service of the writ of summons, no appearance has been filed by the Defendants within 10 days from the date of service. Plaintiffs are, therefore, entitled for judgment and decree. 5. The Plaintiffs had supplied textile auxiliaries / chemcials and dyes at the mutually agreed price and as per the terms and conditions agreed between the parties. The Plaintiffs, accordingly sold, supplied the said goods to the Defendants. The Defendants received the goods and acknowledged the delivery of the goods by signing the delivery challan. The Defendants, however, failed to pay the said amount. The Plaintiffs, therefore, have filed this suit and the Summary Suit on the basis of contract in writing, which are evidence led by the Defendants and the acknowledgement given by the Defendants in receipt of the goods delivered by them. 6. There Plaintiffs, under these circumstances, are entitled for judgment and decree. Suit is, accordingly, decreed in terms of prayer clause 11 (a) and (b). However, the Plaintiffs would be entitled for further interest at the rate of 15% instead of 18% as claimed by them in the prayer clause. Suit is, accordingly, disposed of. Refund of Court fees be paid in accordance with rules. V.M. KANADE J.