IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 362 OF 2008 IN SUMMARY SUIT NO.2565 OF 2008 M/s.Deepkamal Printing And Packing Pvt. Ltd. ...Plaintiffs Vs. Astral Glass Pvt.Ltd. ...Defendants --- Mr. Mayank Pandya i/b. Udayan S. Jain for Plaintiffs None for Defendants. ---- CORAM: V.M. KANADE J. DATED 11TH AUGUST, 2009 P.C. 1. Heard the Learned Counsel appearing on behalf of the Plaintiffs. 2. The learned Counsel for the Plaintiffs has filed affidavit of service. Though the Defendants are served, no appearance has been filed by the Defendants within 10 days from the date of service of written of summons. Between November, 2005 to March,2007, the Plaintiffs had sold, supplied and delivered diverse qualities of corrugated boxes. The Defendants have placed the purchase orders for these corrugated boxes and upon delivery of these goods, the Defendants acknowledged having received the goods and also admitted that the said amount was due and payable to the Plaintiffs. However, for the first time on 21st April, 2008, the Defendants claimed that they had received goods of inferior quality. Since the Defendants have not filed appearance within 10 days from the date of service of the writ of summons, the Plaintiffs are entitled for judgment and decree. Suit is, accordingly, decreed in terms of prayer clause 20. 3. The Plaintiffs would be entitled to get interest at the rate of 12% p.a. on the principal amount and not 24% as claimed. Suit is decreed and disposed of. Refund of court fees be paid in accordance with rules. V.M. KANADE J.