1 sj254 SSP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.254 OF 2009 IN SUMMARY SUIT NO.3608 OF 2006 Satyam N. Jhavar Prop.of M/s.Genius Marketing Company ...Plaintiffs vs. M/s.Taori Cloth Stores & Ors. ...Defendants Mr.B.Vaishnawa a/w Mr.A.B.Dubey i/b Bharat Vaishnawa & Co. for the plaintiffs None for the defendants CORAM :A.S.OKA,J. DATE : JANUARY 18, 2011 P.C.: 1 The learned counsel for the plaintiffs states that the summons for judgment has been duly served to the defendants and there is no reply filed by the defendants. Affidavit of service shows that the summons for judgment was served in July 2009. 2 The suit is filed for recovery of price of the goods sold and delivered to the defendants. Reliance is placed on the invoices and dishonoured cheques. The original documents are tendered across the bar by the learned counsel for the plaintiffs. Compilation is taken on record and marked `X for identification. 3 In view of clause (a) of the sub rule 6 of rule 3 of 2 sj254 Order XXXVII of the Code of Civil Procedure,1908, the plaintiffs are entitled to the judgment. There is a clause in the invoices providing for interest @ 21% p.a. However, considering the facts of the case, further interest will be payable @ 18% p.a. 4 Accordingly, summons for judgment is made absolute. The suit is decreed as prayed. 5 The plaintiffs will be entitled to refund of court fees as per the rules. JUDGE