1 ss-816-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUMMARY SUIT NO. 816 OF 2008. Linlite Sales Corporation, carrying on business at Mantri House, 1st floor, 133/A, Ghorupdeo, Subhash Lane, Off. Rambhau Bhogale Marg, Mumbai-400 033. ..Plaintiff. vs. Krishna Art Silk Cloths Pvt. Ltd., carrying on business at P-1090, Surat Textile Market, Ring Road, Surat -395 002 and at Plot No.261-A & 172, G.I.D.C., Pandesara, Surat-394 221. ..Defendant. .... Mr. M.J. Devani, for Plaintiff. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST JUNE 2011. JUDGMENT : Heard the learned Advocate appearing for the Plaintiff. The Suit is placed on board under the caption “For Ex-Parte Decree”. The Defendant has not entered its appearance in spite of service of the writ of summons. The Affidavit proving service dated 2nd May 2011 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. However, further interest from the date of filing the Suit until payment and/or realisation is fixed at the rate of 18% per annum (simple interest). 2 ss-816-08 3. Hence, I pass the following order : (i) The Defendant is ordered and decreed to pay to the Plaintiff a sum of Rs.60,150/- (Rupees Sixty Thousand One Hundred Fifty Only) and simple interest on principal sum of Rs. 36,650/- at the rate of 18% per annum from the date of the filing of the Suit till payment or realisation. (ii) The Defendant 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. ]