1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUMMARY SUIT NO.714 OF 2007 Shrink packaging System Pvt. Ltd. ...Plaintiff. Vs. Ginza Industries Limited. ...Defendant. .... Mr. N.G. Karekar 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. Upon the order placed by the Defendant, the Plaintiff supplied and delivered films, machine parts and accessories under seven invoices dated between 19th May 2006 and 28th August 2006 of a total value of Rs.1,93,482/-. The goods were received by the Plaintiff without any objection as to price, quality or quantity. Despite a notice dated 27th December 2006, the Defendant has not 2 paid the outstandings. 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 sum of Rs.1,93,482/- upon which the Plaintiff would be entitled to interest at the rate of 9% per annum from the respective due date of invoices until the date of the institution of the suit and at the same rate from the 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. 3 .....