1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 281 OF 2003 Metal Gems ...Plaintiff Vs. Victory Engineering Corpn. and Ors. ...Defendants ----- Mr.K.G.S. Tripathi for Plaintiff ----- CORAM: V.M. KANADE J. DATED: 4TH MARCH,2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. None appears on behalf of the Defendants, though they were served. 2. The Plaintiff has filed affidavit of service. The Plaintiff has also filed affidavit in lieu of evidence and compilation of original documents. In spite of service of the writ of summons, no appearance has been filed by the Defendants within 10 days from the date of service of the writ of summons. 3. The learned Counsel for the Plaintiff has invited my attention to paragraph 10 of the Plaint. According to the Plaintiff, the Defendants have not paid the amount which was due and payable for the goods sold and delivered by the Plaintiff to the Defendants by 2 invoices dated 8.12.1999 and 28.1.2000. Suit is filed on 13th January, 2003 and, therefore, it is filed within limitation. The Plaintiff, therefore, is entitled for a judgment and decree as prayed. Suit is, accordingly, decreed in terms of prayer clauses (a), (b) and (c) with a modification that the Plaintiff is entitled to claim an interest at the rate of 15% p.a. from the date of filing of the suit till payment and/or realization. Suit is, accordingly decreed and disposed of. Refund of Court fees be paid in accordance with rules. Certified copy is expedited. (V.M. KANADE J.)