1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Summons for Judgment No.363 of 2008 IN Summary Suit No.2126 of 2008 M/s.National Trading Corporation .. .. Plaintiff v/s. Al-Ammar Belting Exports Ltd. .. .. Defendant Mr.Mayank Pandya i/by Udayans Jain for Plff. Ms.Jyoti Prasad i/by M/s.Apex Law Partners for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 6 th April 2009 P.C. : 1. This Suit is filed upon the written contract under the two invoices of the Plaintiff dated 29.6.2005 and 8.11.2005. The goods sent under the contracts through the road transport have been received by the Defendant on 3.6.2005 and 8.11.2005 as evidenced by its written acknowledgment on the delivery challan. The Plaintiff has given credit for a part payment of Rs.20,601/- received under the first invoice. The Defendant has issued two cheques for Rs.1,55,692 /- and Rs.1,15,706 /- . However, the Plaintiff has not claimed any amount upon those cheques. 2. The Defendant has issued 3 letters to the Plaintiff on 5.12.2006, 1.1.2007 and 31.8.2007. The Defendant has 2 requested time for delayed payment and confirmed its liability in the sum of Rs.2,71,398/- as on 31.3.2007. 3. The Plaintiff's legal notice has not been replied. The Plaintiff has given credit for the part payment received under both the invoices. The Plaintiff has claimed interest at the agreed rate of 24% per annum as shown in the Plaintiff's invoices. 4. The Summons for Judgment has been served on 8.11.2008. No Affidavit- in-reply is yet filed. No defence is shown. The Summons for Judgment is made absolute as prayed. The Suit is decreed accordingly. 5. The original documents of the Plaintiff are taken on record and marked Exhibit- A (collectively). (SMT.ROSHAN DALVI, J.)