1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.1162 OF 2007 Jai Lakshmi Agro Chemicals Pvt.Ltd. ...Plaintiff. Vs. Sunil Jogani. ...Defendant. .... Ms. Purnima G. Bhatia for the Plaintiff. None for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. March 25, 2008. P.C.: The suit under Order 37 of the Code of Civil Procedure, 1908, has been instituted in order to recover the price of goods sold, supplied and delivered. In pursuance of a purchase order dated 5th September 2005, accepted by the Plaintiff in Mumbai, the Plaintiff sold, supplied and delivered to the Defendant Formaldehyde 37% chemical of a net weight of 16,000 Kgs. of the value of Rs.1,39,400/-. The invoice and the lorry receipt duly acknowledged by the Defendant have been placed on the record. It has been averred that the 2 Defendant received the goods without raising any objection as to price, quality or quantity. The amount has not been paid despite a demand notice. Accordingly, the suit has been instituted. The Defendant has failed to enter appearance despite service of the Writ of Summons. The suit has accordingly been listed for an ex-parte decree. The Plaintiff has relied upon a compilation of the original documents which is taken on record. The claim in the suit is duly proved on the basis thereof. The suit falls under the purview of Order 37 since it is based on a written contract. The suit is within limitation. Even otherwise the Defendant having failed to enter appearance, the Plaintiff is entitled to a decree as prayed under Order 37 Rule 2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the principal sum of Rs.1,39,400/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the due date of invoice until the date of the institution of the suit and at the same rate from the 3 date of the suit, until payment or realisation. The Plaintiff will be entitled to the costs of the suit. Refund of the Court fee, if any, as per rules. .....