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. SUMMARY SUIT No.1028 of 2006. Lok Hsg a Construction Ltd.. a Company incorporated under the Indian Companies Act, 1956 having its’ Registered Office at Lok Chambers, Marol Maroshi Road, Andheri (East), Mumbai 400-059 and its factory at J-66, Add. Ind. Area MIDC, Murbad, Dist. Thane 421-401. ..Plaintiff. Vs. JMC Projects (India) Ltd. a Company incorporated under the Indian Companies Act, 1956 and having its’ Registered Office at Level 11, JMC House, Ambavadi, Ahmedabad 380-006 and its’ Branch Office at "A" Wing, 501/502 5th Floor, sector No. 15, CBD Belapur, Navi Mumbai. ..Defendants. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 13.02.2008. DATED: 13.02.2008. DATED: 13.02.2008. Mr A. H. Khatri, Advocate for the Plaintiff. Mr A. H. Khatri, Advocate for the Plaintiff. Mr A. H. Khatri, Advocate for the Plaintiff. JUDGMENT. JUDGMENT. JUDGMENT. -------- 1. This is the summary suit filed by the plaintiff for recovery of admitted claim of Rs. 4,30,000/- with interest thereon @ 18% per annum from the date of admitted claim i.e. 31.12.2003 till the date of filing of the suit and claimed ( 2 ) further interest @ 12% per annum by way of future interest i.e. from the date of suit till realization. 2. Suit is for recovery of amount of goods sold and delivered to the defendants from time to time. The defendants vide their letter dated 31.12.2003 admitted claim of the plaintiff in the sum of Rs. 4,67,178/- and remitted part payment in the sum of Rs. 37,178.00 leaving balance due and payable in the sum of Rs. 4,30,000/-. The very same amount is claimed in the suit with interest thereon as stated hereinabove. 3. Inspite of service of writ of summons, the defendant chose to remain absent. He did not apply for leave to defend. The plaintiff has filed affidavit in support of suit claim and also verified the same through Kadar Mohemmed, who is said to be the legal Senior Officer of the plaintiff conversant with the facts of the case and able to depose in support thereof. 4. Since the defendants chose to remain absent the statement made in the affidavit and the documents filed on record went unchallenged. ( 3 ) In the above view of the matter, the suit is liable to be decreed. Hence, the following order: ORDER ORDER ORDER (i) The suit is decreed in terms of the prayer clause incorporated in the plaint. (ii) The defendant do pay Rs.4,30,000.00 ps. with interest thereon from the date of the suit at the rate of 10% per annum till realization of decretal amount in full and final with costs. (iii) Decree be drawn in terms of this order. JUDGE. JUDGE. JUDGE.