1 ss-1947-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 1947 OF 2009. Rasendra Chemexport Pvt. Ltd., carrying on business at Mantri House, 1st floor, 133/A, Ghorupdeo, Subhash Lane, Off. Rambhau Bhogale Marg, Mumbai-400 033. ..Plaintiffs. vs. 1. Jyoti Ploymers, carrying on business at Plot No.W-9, Near MSEB Sub-Station, M.I.D.C., Malegaon, Sinnar, Nashik-422 103 and at Flat No.2, GuruMahima, Guru Nagar, Behind Khasaba Mandir, Nashik Road, Nashik. 2. Kacheshwar K. Kalunge, Proprietor of M/s. Jyoti Polymers, carrying on business at Plot No.W-9, Near MSEB Sub-Station, M.I.D.C., Malegaon, Sinnar, Nashik-422 103 and residing at Flat No.2, GuruMahima, Guru Nagar, Behind Khasaba Mandir, Nashik Road, Nashik. ..Defendants. .... Mr. M.J. Devani, for Plaintiffs. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST JUNE 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiffs. The Suit is placed on board under the caption “For Ex-Parte Decree”. The Defendants have not entered their appearances in spite of service of writ of summons. The Affidavit proving service dated 20th November 2 ss-1947-09 2009 is placed on record along with the original documents. 2. In view of sub-rule (3) of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908, case is made out for passing the decree. 3. Hence, I pass the following order : (i) The Defendants are jointly and severally ordered and decreed to pay to the Plaintiffs a sum of Rs.2,35,660/- (Rupees Two Lakhs Thirty Five Thousand Six Hundred Sixty Only) and simple interest on principal sum of Rs. 1,54,096/- at the rate of 18% per annum from the date of the filing of the Suit till payment or realisation. (ii) The Defendants shall pay to the Plaintiff the costs of this Suit. (iii) Plaintiff will be entitled to refund of Court fees, if any, as per the Rules. 4. The Suit is accordingly disposed of. Issuance of certified copy of the Decree is expedited. [ S.J. KATHAWALLA, J. ]