1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 5311 OF 1998 M/s.International Cargo Forwarders ...Plaintiffs vs. R.K. Dhurka & Anr. ...Defendants Mr.P.M. Khankar for the Plaintiffs. None for the Defendants. CORAM : V.M. KANADE, J. DATED : JANUARY 28, 2010 P.C. :- 1 Heard Counsel for the plaintiffs. None appears on behalf of the defendants though they are served. The plaintiffs have filed affidavit of service and list of original documents and also affidavit in lieu of evidence dated 8th December, 2009. Since the defendants have not filed the written statement, the matter was transferred under the caption of Undefended Suits for Exparte Decree by order dated 3rd November, 2009. 2 2 In view of the provisions of Order VIII Rule 10 since no written statement is filed, the averments made in the plaint are deemed to be admitted by the defendants. The plaintiffs, therefore, are entitled for a judgment and decree. 3 The plaintiffs have filed the suit for non-payment of the goods which were sold and delivered to the defendants. The goods were received by the defendants and an acknowledgment to that effect has been given by the defendants. Though the said amount was demanded by the plaintiffs, no reply was given to the plaintiffs notice. The plaintiffs have produced twelve bills dated 25th September, 1998. The suit is filed on 23rd September, 1998 and within limitation. The plaintiffs, therefore, have made out a case for grant of exparte decree. 3 Suit of the plaintiffs, accordingly, is decreed in terms of para 10. Interest, however, 3 which is awarded to the plaintiffs is modified to 15% instead of 24% claimed by the plaintiffs. Suit, accordingly, is decreed and disposed of. The plaintiffs are entitled for refund of court fees in accordance with Rules. 4 Certified copy expedited. (V.M. KANADE, J.)