-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDNARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 3126 OF 2008 M/s. Orson Chemicals. ..Plaintiff. Versus K. Rajshekhar. ..Defendant. Mr. A. M. Ashfaq for the plaintiff. Coram : R. V. MORE, J. Date : February 16, 2010. P. C. : 1. The suit under Order-XXXVII Rule-2 of the Code of Civil Procedure, 1908 has been instituted for the recovery of price of goods sold, supplied and delivered. The goods were sold, supplied and delivered under the invoice at Exhibit-“A”, dated 11th December 2006 for the sum of Rs.1,46,563/-. The plaintiff sent statement of accounts (confirmation of liability of the defendant towards the plaintiff) as on 1st April 2007 with covering letter dated 12th May 2007, which is at Exhibit “B”. Though this letter is received by the defendant till date no reply is given by him either confirming or denying the liability. The plaintiff thereafter issued demand notice dated 14th June 2008 to the defendant. Despite the receipt of the said notice, no reply is given and therefore the plaintiff has filed the present suit to recover an amount of Rs.1,46,563/- alongwith interest @18% p.a. from the due date of invoice till the date of suit. 2. The claim in the suit is based on a written contract and is within limitation. The plaintiff has relied upon a compilation of original documents. -: 2 :- The defendant having failed to enter appearance, the plaintiff would be entitled to a decree under the provisions of Order-XXXVII Rule-2(3) of the Code of Civil Procedure, 1908. The suit shall accordingly stand decreed in the principal sum of Rs.,1,46,563/- upon which the plaintiff would be entitled to interest @12% p.a. from the due date of invoice until the date of suit and thereafter at the same rate until payment/realisation. There shall be refund of Court fees, if any, as per the Rules. (R.V. MORE, J.)