1 24.ss-923-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 923 OF 2009. The Indian Express Limited. ..Plaintiffs. vs. Dilip C. Shah. ..Defendant. .... Mr. Amol Joshi, i/b. Poorvi Kamani, for Plaintiffs. Ms. Bandana Kumari, i/b. V.M. Bhardwaj, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MAY 2011. JUDGMENT : This is a Summary Suit wherein the Plaintiff has sought an order and decree against the Defendant in the sum of Rs. 8,50,531/- with interest at the contractual rate of 24% per annum on the principal sum of Rs.5,95,000/- or at such rate as this Court deems fit from the date of the filing of the Suit until payment and or realisation and the costs of the Suit. After the Writ of summons was served on the Defendant, the Advocates for the Defendant filed their appearance. The Plaintiffs therefore took out Summons for Judgment being No. 189 of 2009. By an order of this Court [Coram : S.C. Dharmadhikari, J.] dated 11th October 2010, this Court granted conditional leave to the Defendant to defend the suit subject to the Defendant depositing a sum of Rs.5,00,000/- within ten weeks from the date of the order. 2. The learned Counsel appearing for the Plaintiff stated that the Defendant has not complied with the requirement of depositing the requisite amount within the time stipulated under the 2 24.ss-923-09 order of this Court. A certificate to that effect issued by the Prothonotary and Senior Master dated 18th April 2011 is placed on record. The said certificate records that the Defendant has not complied with the condition of deposit of the amount incorporated in the order passed by this Court on the Summons for Judgment. 3. The learned Advocate appearing for the Defendant states that the Defendant is not coming forward to give any instructions to them. 4. The Suit is based on a written contract as evidenced by the release order together with invoices. The Plaintiffs have placed the documents on record. In view of clause (b) of sub-Rule (6) of Rule 3 of Order XXXVII of the Code of Civil Procedure, 1908, the Plaintiffs are forthwith entitled to a Judgment against the Defendant in view of non-compliance with the order of this Court granting conditional leave to defend the Suit. 5. The Plaintiff has claimed interest at the rate of 24% per annum on the sum of Rs.5,95,000/-. The transaction between the parties is a commercial transaction. Therefore, interest at the rate of 18% on the principal amount from the date of filing of the Suit till payment or realisation would be reasonable. Hence, I pass the following order :- (i) The Defendant is ordered and decreed to pay to the Plaintiffs a sum of Rs.8,50,531/- (Rupees Eight Lacs Fifty Thousand Five Hundred and Thirty One Only) and simple interest at the rate of 18% per annum on the principal amount of Rs.5,95,000/- from the date of filing of the Suit till payment and/or realisation. (ii) The Defendant shall pay to the Plaintiffs the costs of 3 24.ss-923-09 this Suit. (iii) Plaintiffs will be entitled to refund of Court fees, if any, as per Rules. 6. The Summary Suit accordingly stands disposed of. [ S.J. KATHAWALLA, J. ]