: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUMMARY SUMMARY SUMMARY SUIT NO.3478 OF 2008 SUIT NO.3478 OF 2008 SUIT NO.3478 OF 2008 Devanshi Impex Pvt. Ltd. ...Plaintiffs V/s. Laxmi Dye Chem & Ors. ...Defendants Mr.D.M. Tailor for the Plaintiffs. None for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 27TH FEBRUARY, 2009. : 27TH FEBRUARY, 2009. : 27TH FEBRUARY, 2009. P.C.: P.C.: P.C.: 1. This suit is filed for recovery of part of price of goods, sold and supplied to the Defendants, and certain tax alongwith interest. The Plaintiffs appointed the Defendants as consignment agent on 2nd April, 2007. The goods were also sold and supplied on 2nd April, 2007. The Defendants then made part payment to the extent of Rs.6,33,072/- on 26th April, 2007 and left balance of Rs.43,088/-. Since the Defendants did not issue "F" Form against the supply of the goods, the Plaintiffs addressed a letter to the Defendants and demanded the amount, but in vain. 2. The Plaintiffs thereafter filed this suit on : 2 : 19th May, 2008. The Defendants remained absent despite service of summons. Whatever is stated in the plaint and the documents has gone unchallenged on record. It must be presumed to be admitted by the Defendants. Today, the original documents are also produced on record. The case of the Plaintiffs deserves to be believed and the suit deserves to be decreed. 3. The suit stands decreed as prayed for. However, the rate of interest to be payable on the amount due shall be @ 6% p.a. from the date of filing of the suit till the amount is realized. 4. Office to refund the Court fee as per the rules. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]