1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.221 OF 2007 Hutchison Essar Limited ..Plaintiff. Vs. Gopal N. Jaising ..Defendant. .... Ms. Padmaja Dholakia i/b Dholakia Law Associates for the Plaintiff. None for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 4th March, 2008. P.C. : 1. The claim in the present proceedings under Order 37 of the Code of Civil Procedure, 1908 arises out of a written contract dated 21st September, 2004 in pursuance whereof cell phone facilities were allowed by the Plaintiff to the Defendant. The cellular services were activated from 24th September, 2004. The Defendant has also availed of an international roaming facility. The billing statement of the Plaintiff furnished item-wise details of each call made and received by the Defendant. The total claim of the Plaintiff is Rs.78,134.87. By his letter dated 9th May, 2006 the Defendant had offered an amount of Rs.55,000/- by way of full and final settlement. However, even the aforesaid amount was not 2 paid. 2. The Defendant has been served with the writ of summons but has failed to enter appearance. The claim of the Plaintiff falls within the purview of Order 37 and is within limitation. The Defendant having failed to enter appearance, the Plaintiff will be entitled to a decree under Order 37 Rule 2(3). The Plaintiff has relied upon a compilation of the original documents. The suit shall accordingly stand decreed as prayed with the modification that the Plaintiff would be entitled to interest at the rate of 9% per annum from the date of the suit until payment or realization. There shall be a refund of Court fees, if any, as per the rules. *****