:1: :1: :1: 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.1727 OF 2005 M/s Chemisol Adhesives Pvt Ltd, .. Plaintiffs. Vs Mr Uday Thakkar, Proprietor, M/s Shashank Enterprises Defendant. Mr S.M.Shettigar, for the plaintiffs. None appears for the defendant, though served. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 05TH JUNE, 2008. DATED : 05TH JUNE, 2008. DATED : 05TH JUNE, 2008. P.C.: P.C.: P.C.: 1. Heard learned counsel for the plaintiffs. None appears for the defendant, though served. 2. The present suit under Order XXXVII of the Code of Civil Procedure,1908 is filed by the plaintiffs for recovery of a sum of Rs.13,79,002/- arising out of various Invoices and the Delivery Challans, which are annexed at Exhibits A1 to A37. According to the plaintiffs, the defendant, by his letter dated 3.7.2003, has acknowledged the liability. The said letter is at Exhibit-B to the plaint. The suit claim arises out of the goods sold and delivered. 3. This Court, while disposing of Summons for Judgment No.529 of 2005 vide order dated 13.2.2006 :2: :2: :2: rejected all the contentions urged by the defendants and issued the following directions :- "6. However, with a view to give an opportunity to the defendants to defend the suit, I direct the defendants to deposit a sum of Rs.10.0 lacs within four weeks failing which plaintiffs will be entitled to decree. If the said amount is deposited the Prothonotary and Senior Master is directed to invest the same in any nationalised Bank in Fixed Deposit initially for a period of three years and then renew the same from time to time till further orders of this court. If the amount is deposited then suit is to be transferred to the list of Commercial Causes. Written Statement or points of defence to be filed within four weeks from the date of deposit of the said amount. Affidavits, list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned Judge taking Commercial Causes." 4. The defendant has failed to deposit the amount as per the aforesaid order dated 13.2.2006. The plaintiffs have placed on record "no deposit certificate" issued by the office of this court. The plaintiffs have also filed the original documents in support of their claim. Today when the matter was called out, the defendant chose to remain absent. In the circumstances, in terms of the provisions of Order XXXVII, the plaintiffs would be entitled to a decree. The suit falls within the purview of Order XXXVII and is within limitation. The claim, in my opinion, has been duly proved on the basis of the material on record. Suit is, :3: :3: :3: accordingly, decreed, as prayed, with modification that the plaintiffs would be entitled to interest at the rate of 12% per annum from the date of the suit until payment or realization. There shall be refund of court fees, if any, as per Rules. Decree be drawn up accordingly. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)