1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.581 OF 2006 IN SUMMARY SUIT NO.1675 OF 2006 Printjet Microfluids .. Plaintiff -versus Nikita International .. Defendant Mr. Lewis for the plaintiff CORAM: ANOOP V. MOHTA, J. DATED: 9th February, 2010 Oral Judgment. 1. This Court has already passed order on 26th March,2006 in Summons for Judgment No.581 of 2006 (Suit No.l675 of 2006) and considering the material and documents placed on record, granted relief to defend the suit to the Defendant subject to depositing an amount of Rs.42500/- being the principal amount of the invoice and upon depositing the said amount defendant would be at liberty to file its Written Statement. 2. Till this date, there is no compliance made out by the 2 Defendant. One way or another, they are seeking adjournments, but the fact remains that no compliance is made. 3. Apart from above, plaintiffs have filed affidavit for evidence alongwith documents. Those documents are marked Exhibit Nos A, B, C and D. Affidavit is also filed in support of the contents of the documents as well as plaint averments. There is no dispute about the same. The averments remained uncontroverted. 4. So far as rate of interest is concerned, as per agreement on overdue payment, rate provided is 30% per annum over and above the bank rate. However, considering the facts and circumstances of the case I am inclined to restrict the same to l5% per annum from 3.6.2003 as per its invoice till filing of the suit. 5. In view of the above following order. ORDER I) The suit is decreed. II) The defendant to pay to the plaintiff Rs. 42,500/- with interest at the rate of l5% per annum from 3.6.2003 till filing of the suit. III) The defendant to pay further interest at the rate of 12% per annum from the date of filing of the suit till realisation, on the principal amount. IV)No order as to costs. 3 V) The suit as well as the Summons for Judgment stand disposed of accordingly. ( ANOOP V. MOHTA, J.)