1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3441 OF 2008 M/s.Electron Tex Print Pvt. Ltd. ....Plaintiff Versus Mahesh Nandlal Asrani ....Defendant Mr. Yogendra Kanchan i/b. Shri Ajay K. Rao, Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 22nd FEBRUARY, 2010. P.C. : Heard Mr.Kanchan, learned Counsel for the Plaintiff. 2. The writ of summons alongwith true copy of the plaint was served upon the Defendant on 15th January, 2009. Affidavit of service to that effect is also filed. I have perused the affidavit of service and the acknowledgment annexed to the affidavit of service. Inspite of service, the Defendant has not put his appearance in the above suit and therefore, I am constrained to proceed to decide the suit ex-parte. 3. The suit is filed under the provisions of Order 37 Rule 2 of the Code of Civil Procedure, 1908 for recovery of an amount of Rs.3,29,868.50 paise alongwith interest @ 21% p.a.. The Plaintiff is a Private Limited Company carrying on business of printing. The Defendant is Sole Proprietor of M/s. China 2 Print dealing in printing business only. The Defendant from time to time placed orders with the Plaintiff for 'Printing Labour Job Work' on various articles and materials supplied by him to the Plaintiff and Plaintiff has performed and executed the aforesaid labour job work for the Defendant to his satisfaction and requirement. After completion of the said labour job work, as per the directions and orders of the Defendant, the said articles and materials supplied by the Defendant for printing labour job work, were either delivered to the Defendant or his party directly. 4. The Plaintiff as against the said labour job work of printing, performed and executed for Defendant has raised and submitted to the Defendant 27 Invoices from time to time for their labour job work. The Defendant received the said Invoices, however, no dispute or objection with regard to discretion, quality, rate etc. was raised by him. Under the Invoices, there is a balance of Rs.3,29.868.50 paise due and payable by the Defendant to the Plaintiff. As per the terms and conditions stated in Challans and Invoices, the Defendant had agreed to pay interest on the amount due and payable under various invoices after the due date. The Plaintiff by issuing demand notice dated 15th December, 2007 demanded amount under invoices since the Defendant failed and neglected to pay the same. The said notice was not replied. The Plaintiff was therefore constrained to send another notice dated 27th June, 2008 through Advocate. This notice was returned unclaimed though intimation of the same was given to the Defendant. 3 5. The Plaintiff has tendered compilation of original documents and affidavit of the Director of the Plaintiff. I have gone through the compilation of original documents and affidavit in lieu of examination in chief. Original documents supports the averments made in the plaint. The said documents proves the Plaintiff's case. Apart from this, the Defendant having failed to enter appearance, the Plaintiff would be entitled to a decree 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.3,29,868/- upon which the Plaintiff would be entitled to interest at the rate of 12% p.a. from the respective due date of the invoices, until the date of suit and at the same rate from the date of the suit until payment or realisation. 6. There shall be a refund of Court fees, if any, as per the rules. Sd/- (R. V. MORE, J.)